Lacerated Ureter During Surgery: $1.985 Million Verdict

2022 Medical Malpractice Judgment

Lawsuit claimed negligence by gynecological surgeon who lacerated patient's ureter

October 31, 2022  — Middlesex Superior Court
Woburn, Massachusetts

Summary

Lubin & Meyer PC is pleased to report that attorneys Nick Cappiello and Adrian Johnson obtained a verdict of $1,985,300 (including interest) in a medical malpractice trial involving ureter laceration during pelvic reconstruction surgery at Newton-Wellesley Hospital.

Medical Malpractice Trial Lawyer's Report

By Nicholas Cappiello
Medical Malpratice Lawyer
Lubin & Meyer PC

Plaintiff suffered a lacerated ureter and lacerated vaginal wall during a pelvic reconstruction surgery performed by defendant gynecological surgeon in June 2013. Plaintiff had been referred to defendant surgeon due to complicated history of recurrent urinary tract infections (UTI’s), Stage 4 anterior vaginal wall prolapse with bilateral paravaginal defects, Stage 2 uterine prolapse, Stage 2 posterior vaginal wall prolapse, and urge incontinence. Given the extensive nature of plaintiff’s condition, defendant recommended pelvic floor reconstruction.

Pre-operatively, defendant informed plaintiff of various risks of the procedure, including risk of voiding difficulty, and bladder or rectal injury. Defendant claimed that his preoperative discussion also included risk of injury to ureter; plaintiff contended that risk of ureter injury was never disclosed.

On 6/21/13, plaintiff underwent the reconstruction surgery. During surgery, defendant lacerated the ureter and vaginal wall and did not recognize either injury at the time. Post-operatively, plaintiff experienced unexpected bleeding and was brought back to the operating room, where the vaginal wall laceration and the lacerated ureter were discovered. Defendant surgeon then consulted urology to place a ureteral stent to repair the ureter.

Thereafter, plaintiff developed a pelvic infection and remained hospitalized for several days. After being home for approximately one month, plaintiff was subsequently re-admitted to the hospital for three days with another infection. Ultimately, four months after the initial surgery the ureteral stent was removed when the ureter had healed.

Since 2013, plaintiff has been under the care of a urologist and has undergone routine monitoring to ensure the ureter continues to function properly. Plaintiff has suffered multiple persistent UTI’s, which are worse, more painful, and longer-lasting than any previous UTI’s prior to surgery.

Plaintiff presented expert testimony at trial that the defendant was negligent when he lacerated her ureter and that the ureter injury would not have happened in the absence of negligence.

Defendant presented expert testimony that ureter injury was a known risk of the procedure and that defendant complied with the applicable standard of care. Defendant further contended that nothing he did caused harm to the plaintiff and that her post-operative UTI’s were merely a continuation of her pre-operative UTI’s and unrelated to the lacerated ureter.

The trial lasted for five days. After deliberating for 8 hours, the jury returned a verdict in the amount of One Million, Two Hundred Fifty Thousand Dollars ($1,250,000.00), One Million, Nine Hundred Eighty-Five Thousand, Three Hundred Dollars ($1,985,300.00) with interest.

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