Defense Verdict Secured in Post-Hysterectomy Bowel Injury Case

Defense Verdict Secured in Post-Hysterectomy Bowel Injury Case

Senior Trial Partner Michael A. Sonkin, Senior Associate Casey M. Hughes and Associate Keleisha A. Milton successfully obtained a Defense Verdict in a Nassau County matter arising froma 2014 laparoscopically assisted vaginal hysterectomy performed by MCB’s clients, along with a prolapse repair performed by a co-defendant, which the plaintiff alleged caused a bowel perforation. The co-defendant settled out just before trial, and MCB argued on behalf of our clients that no perforation occurred during either procedure, highlighting that the patient was afebrile and reported no unusual abdominal pain in the immediate postoperative period. After returning to the hospital thereafter with a fever, a CT scan revealed an abscess consistent with an infection. MCB argued that the abscess was not due to perforation, as the patient’s fever, elevated white blood cell count, and pain all improved following IR drainage. Although a rectovaginal fistula ultimately developed 10 days postoperatively, MCB maintained that this was not caused by the perforation but by an infection leading to breakdown of the bowel wall in an area of a prior surgery. The case was tried over a two-week period,with the jury returning a unanimous defense verdict in less than one hour.