Facts

On Jan. 27, 2012, Dr. Rakhee Shah performed an outpatient stapled hemorrhoidopexy surgery on Florence Kuhlmann, 59, at Pleasanton Surgery Center in Pleasanton. During the procedure, the Proximate PPH Procedure Set (PPH03) hemorrhoid stapler incompletely fired, causing the stapler to become stuck to Kuhlmann. Shah fired the stapler a second time in order to dislodge the stapler and Kuhlmann's upper rectum became stapled to her lower rectum, causing a rectal occlusion. The PPH03 stapler was later recalled after Kuhlmann's procedure. Kulhmann sued Shah, the surgery center and the stapler manufacturers.

PLAINTIFF'S CONTENTIONS:
Kuhlmann contended that the defendant manufacturers continued to manufacture, market, and sell the stapler even though they knew it was defective. She also contended that Shah committed medical malpractice by failing to diagnose Kuhlmann's rectal occlusion.

Settlement Discussions

Kuhlmann made a statutory offer to settle for $3.25 million.

Injuries

In addition to the rectal occlusion, Kuhlmann also claimed a perforated bowel and sepsis. She was admitted to the intensive care unit shortly after the procedure, where she remained for three weeks following a laparotomy. She also underwent a diverting colostomy, balloon dilations of her anal canal, and two transanal endoscopic microsurgeries.

Result

The jury found that Ethicon Endo-Surgery LLC and Johnson & Johnson were negligent and that the stapler contained a manufacturing defect. It determined that Ethicon was 90 percent liable and Johnson & Johnson 10 percent liable. It did not find Shah negligent. The jury awarded Kuhlmann $79,823,556.60 in damages. This included $70 million in punitive damages and $9,823,556.60 in compensatory damages.

Poll

12-0 (liability), 11-1 (compensatory damages), 9-3 (punitive damages)

Length

seven weeks