Facts

Carrie Valdez had severe problems with urinary stress incontinence and pelvic prolapse. She was referred to Dr. Hason Helliwell, an obstetrician-gynecologist at Advanced Women's Medical Health Center Inc. Valdez underwent surgery, which was carried out with mesh for the pelvic prolapse at the San Joaquin Hospital on July 30, 2008. The procedure has a known risk of increased infection, erosion, and fistula formation.

Surgery was thought to be successful and uneventful until Valdez developed post-operative abdominal distention with pain and fever. A laparascopy was performed on July 31 to search for a bowel perforation. When none was detected, an intravenous pyelogram was performed on Aug. 1, which revealed a ureteral injury. Valdez was transferred to Bakersfield Memorial Hospital for a stent placement to repair the ureter injury since the San Joaquin Hospital did not have the necessary instrumentation. Valdez was discharged on Aug. 5, but developed a vesciovaginal fistula on Aug. 15, including mesh erosion to the bladder.

Valdez sued Helliwell and Advanced Women's Medical for medical malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the July 30 surgery was not indicated in the first place and a more conservative approach should have been taken before Halliwell recommended surgery. Valdez further contended that too much surgery was carried out, which created an unreasonable risk of intraoperative complications. She also alleged that Helliwell's surgical technique fell below the standard of care and her post-operative management also departed from the standard of care.

DEFENDANTS' CONTENTIONS:
The defense contended that the surgery referral was amply indicated and that Valdez presented for surgery without particularly being interested in a more conservative approach or the need for information regarding potential risks associated with the surgery. Helliwell further contended that he met the standard of care and Valdez's complications were inherent risks of the procedure performed.

Damages

Valdez sought $22,000 for loss of earnings and medical bills for approximately $240,000. She sought a total of $600,000 in damages. The defense challenged her damages and claimed that Valdez was insured for virtually all of her medical related expenses and her loss of income claim as a cosmetologist was speculative and unsupported.

Injuries

Valdez suffered from pelvis and vaginal injury as a result of the surgical procedures she received from Helliwell. She transferred her care to UCLA and underwent definitive repair for her bladder-vaginal fistula in September 2008. She underwent stent removal in Oct. In March 2009, a repeat sling procedure was performed after she re-experienced urinary stress problems.

Result

The jury rendered a verdict for the defense.

Deliberation

eight hours

Length

eight days