Unanimous Defense Verdict in Gynecology Case

Unanimous Defense Verdict in Gynecology Case

Partner Thomas Kroczynski assisted by Senior Associate Kerona Samuels and Associate Edmund Rakowski obtained a defense verdict in Suffolk County Supreme Court before Justice Thomas Whalen. In this matter, the Plaintiff was a 45 year old who underwent an elective hysterectomy by the Defendant Gynecologist. On the day of discharge two days after the surgery, every other surgical staple used to close the incision in the skin was removed to decrease the risk of infection. Plaintiff alleged that removing half of the staples two after the surgery was premature, particularly given her obesity and history of four prior C-sections. Plaintiff alleged she experienced a dehiscence of the surgical site, which then became infected, and necessitated hospitalization where she received blood transfusions and IV antibiotics through a PICC line. As a result of the bacterial infections and/or medications to treat the infections, Plaintiff alleged that she subsequently developed fibromyalgia and was no longer able to work or perform her activities of daily living. After a Frye/Parker hearing, Plaintiff was precluded only from pursuing the theory that she developed fibromyalgia as a consequence of the medications to treat the infections. At trial, among other things, it was shown that a wound dehiscence did not occur, infection is a risk of any surgery and that the cause of fibromyalgia is unknown. The jury deliberated during their lunch break and returned a unanimous verdict for the Defendant