Facts

On April 9, 2002, plaintiff Karlene Smith, who was 45-years-old at the time, had surgery to remove an ovarian cyst at Los Robles Regional Medical Center in Thousand Oaks. During surgery, the doctor encountered complications due to scar tissue and bleeding. As a result, he left three quarter-inch-long staples in the left side of her ureter near her bladder.

Approximately two months later, plaintiff began to suffer from severe headaches. A general practitioner diagnosed her with high blood pressure and ordered tests. The tests disclosed a blocked ureter and kidney damage.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued the doctor for medical malpractice. Initially, she also sued the hospital, but she dismissed the hospital after learning there were no nursing errors. The plaintiff claimed the defendant doctor was negligent during the surgery, because he damaged plaintiff's ureter without immediately noticing and correcting his mistake. An expert testified that defendant either failed to properly use his stapling tool or failed to stop after he realized that visibility was too low to do the procedure. Another expert testified that malpractice occurs anytime a doctor cuts a patient's ureter. The plaintiff further contended defendant was negligent because he failed to notice his surgical mistake during his post-operative care of plaintiff.

DEFENDANT'S CONTENTIONS:
The defendant countered that he had performed a very difficult procedure which became more challenging after the presentation of plaintiff's bleeding and scar tissue. An expert testified that the unfortunate result was part of the surgery's known risk. In addition, defendant claimed he took quick and appropriate steps to repair the problem upon discovery.

Injuries

The plaintiff underwent a second surgery to repair the blockage in her ureter. She has permanent kidney damage and will take high blood pressure medication for the remainder of her life. She also developed hypertension, for which she took medication that made her tired. The plaintiff sought $20,000 for past lost wages; sought between $400,000 and $600,000 for future loss of income, because she claimed she would not be able to teach again; and sought $250,000 for pain and suffering. Her husband made an unspecified loss of consortium claim. The defendant disagreed with many of plaintiff's injuries and claimed she would be able to teach again.

Result

The first trial ended with a hung jury. Soon after the start of the retrial, defendant settled for $350,000. Plaintiff had demanded $450,000. Per defense counsel, defendant Los Robles Regional Medical Center was dismissed prior to trial.