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ARTICLE ID 157438

$________ - MEDICAL MALPRACTICE - RETAINED INSTRUMENT - FAILURE TO REMOVE LAPAROTOMY PAD FOLLOWING C-SECTION - SEVERE ABDOMINAL INFECTION - SURGICAL REMOVAL OF PORTIONS OF INTESTINE AND BLADDER AND ONE OVARY - INCISIONAL HERNIA - INSERTION OF WIRE MESH, WHICH BECOMES INFECTED, NECESSITATING ADDITIONAL SURGERIES.

Bronx County, NY

In this action, the female plaintiff, age in her early 40s, contended that a laparotomy pad was not removed following an otherwise uneventful C-Section. The plaintiff contended that as a result, she suffered a severe abdominal infection. The plaintiff maintained that the second surgery, which entailed the removal of portions of the intestine, bladder and the removal of one ovary, caused an incisional hernia which necessitated a third surgery for the insertion of a wire mesh. The mesh became infected, resulting in the need for several additional surgeries. The plaintiff contended that for the two-year period following the birth, she was intermittently hospitalized with severe abdominal infections. The plaintiff, who was left with a small ventral hernia, contended that she will permanently suffer some digestive difficulties and moderate abdominal scarring. She also maintained that she will permanently be at risk for an entrapment of the residual hernia, which would require additional surgery.

The routine C-Section was performed without any emergency factors and the plaintiff appeared to be doing well upon discharge. The plaintiff subsequently returned to the hospital with signs and symptoms of a severe abdominal infection and it was determined that the infection was caused by a retained pad. The plaintiff contended that the foreign object would not be left inside the patient in the absence of negligence.

The plaintiff maintained that the failure to properly count and remove the foreign object set in motion the infectious process and the need for the subsequent surgeries. The plaintiff would have argued that rather than being at home caring for her baby, the plaintiff spent the approximate two-year period after the onset of infection in and out of the hospital, suffering potentially life-threatening bouts with septicemia and peritonitis and that the pain and suffering was horrific. The plaintiff asserted that although the infectious process appears to have been resolved, the subsequent surgeries plaintiff was left with some relatively manageable digestive difficulties, impacting the foods she eats and causing some episodes of bowel urgency. The plaintiff maintained that such difficulties will remain permanently.

The plaintiff also maintained that she will permanently be at risk for the hernia to enlarge and for it to entrap a section of intestine, constituting a surgical emergency. The plaintiff would have contended that in view of her surgical history, the risks of any future abdominal surgery would be significant. The defendant did not dispute that the infection was caused by a retained laparotomy pad or that it necessitated the subsequent surgeries The case settled after the plaintiff filed the Note of Issue and the exchange of pre-trial preliminary information for $________.

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