Medical malpractice - Surgery - Pain after inguinal hernia repair - Alleged negligent ileo-inguinal nerve ligation.
New York County, NY (168519)
In this medical malpractice case, the male plaintiff
contended that he experienced severe pain for twenty months
following hernia surgery performed by the defendant surgeon. He
maintained that the pain was a result of nerve damage which
occurred during the surgery as a result of negligence on the part
of the defendant. The defendant maintained that nerve damage was
a potential and unavoidable complication of the surgery.
The 37-year-old plaintiff owned a gym in New York City and worked
there as a personal trainer. He sought the services of the
defendant surgeon for an open inguinal hernia surgery. Surgery
was performed on February 15, ________. The plaintiff complained of
intense right groin and testicular pain and burning immediately
after the surgery. He was diagnosed with post-operative
incisional pain and was prescribed a narcotic. A month later, he
experienced pain during erection. The defendant surgeon diagnosed
him with a thrombosed subcutaneous vein and referred him to a
physical medicine expert. The expert diagnosed scar tenderness
and prescribed two months of pain medication.
The plaintiff then sought the services of a pain management
expert who attributed his "neuropathic groin pain" to a possible
"ileo-inguinal nerve ligation" from the hernia surgery performed
by the defendant. Twenty months after the hernia surgery, the
plaintiff consulted a surgeon who also suspected that a nerve was
injured during the surgery. This surgeon performed an exploratory
surgery and found that the ileo-sanguinal nerve was trapped in a
suture. He sacrificed the nerve to reduce the pain. The plaintiff
allegedly continues to suffer permanent pain and neurological
symptoms. While he experienced a 75% reduction of pain, he still
required heavy narcotic use and still had significant pain during
intercourse and ejaculation.
The surgeon performing the corrective surgery opined on behalf of
the plaintiff that the suturing of the nerve constituted
malpractice and could have easily been avoided during the hernia
surgery. The defense presented a general surgeon expert who
maintained that the plaintiffs symptoms were much more
consistent with nerve entrapment syndrome, a sometimes
unavoidable complication of hernia surgery, rather than nerve
The plaintiff alleged that, while he could still manage his gym,
he could no longer perform as a personal trainer.
The plaintiffs pre-trial demand was $________. He asked the
jury for $________ for past pain and suffering. After deliberating
for two hours, the jury found unanimously for the defendant.