Facts

On April 29, 2005, plaintiff Oneta Griffith, age 73, underwent a stapled hemorrhoidectomy performed by defendant surgeon Rodolfo Agbunag. During the surgery, defendant observed a large laceration of the rectum approximately two centimeters above the staple line. The defendant resected plaintiff's colon, and placed a diverting colostomy.

The plaintiff filed suit against defendants Agbunag and Gould Medical Group Inc., claiming medical malpractice.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the laceration was a result of defendant's negligent care. It was most likely caused by the stapling device used in the surgery.

DEFENDANTS' CONTENTIONS:
The defendants contended the stapling device gathered excessive tissue, which was inadvertently lacerated during the procedure. Defendant Agbunag satisfied the standard of care.

Damages

The plaintiff claimed $150,000 for past pain and suffering, and an unspecified sum for future pain and suffering.

Injuries

The colostomy required modification and was removed after four months. This caused plaintiff to suffer from an incisional hernia, necessitating further surgical procedures. Plaintiff also experienced ongoing rectal discomfort. Her health insurance covered almost all her medical costs.

Result

The jury rendered a defense verdict.