Facts

Richard Howard sued John Ellyson, M.D., after Dr. Ellyson performed a laparoscopic cholecystectomy, resulting in an injury to the surrounding anatomy, specifically the common bile duct.

PLAINTIFFS' CONTENTIONS:
On Oct. 28, 2012, Howard presented to Sutter Amador Hospital complaining of abdominal pain that he suspected was from food poisoning. He returned on Oct. 30, with the same complaints and he was subsequently diagnosed with gallstones and severe cholecystitis. On Nov. 5, plaintiff underwent a laparoscopic cholecystectomy performed by defendant Dr. Ellyson. Dr. Ellyson encountered excessive bleeding and inflammation, as well as a necrotic, gangrenous, gallbladder. Dr. Ellyson removed plaintiff's gallbladder. The doctor, however, transected his common bile duct during the procedure. Plaintiffs then sued Dr. Ellyson for medical malpractice. Plaintiff underwent subsequent surgery to repair the bile duct.

DEFENDANT'S CONTENTIONS:
Dr. Ellyson denied any negligence and claimed injuries to the surrounding anatomy are well known, common, and had been disclosed to plaintiff as a known risk to the procedure.

Settlement Discussions

The Howards demanded in excess of $2.6 million in settlement. The doctor countered with a $180,000 offer.

Injuries

Howard's common bile duct was transected during the procedure and he underwent another procedure to repair it. Additionally, he underwent several months of recovery. Plaintiff's wife, Kathleen Howard, sought damages for her loss of consortium.

Result

The jury rendered a defense verdict in favor of Dr. Ellyson.