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$________ CONFIDENTIAL Medical malpractice - Surgery negligence - Failure to be credentialed to perform laprascopic Nissen fundoplication procedure - Negligence during surgery resulted in nerve damage to anterior and posterior vagus nerve.


In this medical malpractice matter, the plaintiff contended that the defendant surgeon was not qualified to perform the surgery and was negligent during the procedure that caused the plaintiff to suffer permanent nerve damage. The defendant denied there was a deviation from the acceptable standard of care.

The plaintiff engaged the services of the defendant to perform surgery to alleviate her reflux disease. The defendant performed a laparoscopic Nissen fundoplication procedure that the plaintiff contended he was not qualified and credentialed to perform on the plaintiff. Further, the plaintiff contended that the defendant had improperly performed this same procedure on at least five other occasions. The plaintiff suffered nerve damage from the procedure, has lost over ninety pounds and is unable to swallow solid foods.

The plaintiff brought suit against the defendant alleging that the defendant was negligent in failing to identify and isolate the plaintiff’s vagus nerves. The vagus nerves are the longest nerves in the body running from the cranium to the stomach. These nerves provide parasympathetic fibers to all organs from the neck to the traverse colon. The plaintiff contended that the defendant caused permanent damage to these nerves which resulted in her inability to swallow solid foods. The plaintiff now weighs only 86 pounds.

The defendant disputed that there was any deviation from acceptable standards of medical care.

The parties agreed to a confidential settlement of the plaintiff’s claim for the sum of $________.

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