Facts

In April 2012, then 38-year-old plaintiff, Naomi Harter, felt a pop in her right lower groin while pushing a cart in her place of employment. A right inguinal hernia was subsequently diagnosed, and in July 2012, Dr. John T. Katzen performed a right inguinal hernia repair using a portion of flat 10" x 14" bond mesh.

Post operatively, in October 2012, plaintiff suffered a significant amount of right inguinal pain and developed an infection of the right inguinal region requiring antibiotic treatment and an incision for drainage of fluid. As a result of these issues, in October 2012, Dr. Katzen performed surgery to remove the mesh placed during the prior surgery and repair the right inguinal hernia wall defect, electing not to place any more mesh due to the prior infections.

After the surgery, plaintiff complained of severe right leg pain and right leg swelling. Examination revealed no signs of infection or hematoma. An ultrasound and CT scan showed a clot and thrombosis in the common femoral vein, and a large seroma underneath the incision site. Plaintiff was admitted to Henry Mayo Newhall Memorial Hospital to undergo a procedure to break up the thrombosis, but the common femoral and external iliac vein junction was occluded and attempts at passing a wire through the area were unsuccessful. Plaintiff then began anti-coagulation therapy at UCLA Medical Center, and subsequent treatment for management of the abdominal wound infection, drainage of the abdominal seroma, and continued treatment of plaintiff's right groin pain.

Plaintiff filed suit against Dr. Katzen, claiming medical negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the July 2012 hernia repair was below the standard of care in that, there was insufficient indication for the surgery and that Dr. Katzen lacked objective evidence of the presence of a hernia. Plaintiff claimed Dr. Katzen failed to explain fully to plaintiff other treatment options, and the risk of the procedure.

Plaintiff further claimed that Dr. Katzen's surgery was negligently performed by using a mesh product designed for smaller hernia repair surgeries and not for the, "large non-reducible right inguinal hernia," as described by Dr. Katzen, and that the placement of the mesh and placement of the sutures by Dr. Katzen were improper creating a foreign body reaction and infection. Additionally, plaintiff contended that Dr. Katzen negligently ligated the iliac vein during the October 2012 surgery causing the plaintiff's clot and subsequent ongoing and disabling groin pain.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the July 2012 hernia repair surgery was within the standard of care, and that the hernia repair mesh product used was appropriate for the size of the hernia. Defendant contended the mesh was cut to the appropriate size. Defendant claimed the mesh was properly placed, there was no improper placement of sutures, and the development of a seroma and infection was a known risk of the procedure.

Additionally, defendant contended that the October 2012 surgery was within the standard of care, and surgery was indicated in light of plaintiff's inflammatory and infectious process arising after the prior surgery. Defendant argued there was no evidence that the femoral vein was ligated or pierced, and that the development of the femoral vein occlusion causing the clot was caused by a mechanical obstruction during the hernia repair surgery due to scarring or swelling, and that such a mechanical obstruction is a recognized complication of any surgery.

Result

Defense Verdict (9-3). The jury found that Dr. Timothy Katzen was not negligent in his diagnosis and treatment of Naomi Harter.

Other Information

Plaintiff filed a motion for new trial, which was denied. FILING DATE: Sept. 6, 2013.

Deliberation

four hours

Length

seven days