Facts

On Jan. 10, 2006, plaintiff Luanne Lambertson, a 43-year-old teacher, was referred to defendant Danny Colton for elective gallbladder surgery scheduled at Colusa Regional Medical Center (Colusa) on Jan. 16. On Jan. 14, plaintiff went to Colusa's emergency room (ER) with an acute gallbladder attack. Defendant removed the gallbladder laparoscopically. The pathology report revealed chronic gallbladder disease with gallstones.

After being discharged on Jan. 17, plaintiff returned to the ER on Jan. 23 with jaundice, abdominal pain, and abnormal liver function. An ultrasound revealed a stone in the bile duct. On Jan. 24, a gastroenterologist discovered a bile duct leak during an ERCP. The patient was transferred to UC Davis. On Jan. 27, Hung Ho found reconstructed the biliary drainage system. The plaintiff sued defendant for medical malpractice.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant negligently removed her gallbladder and failed to properly identify pertinent structures in the biliary tree during the surgery. The defendant's failure to dissect out and identify the junction of the cystic duct and gallbladder neck fell below the standard of care, resulting in the transection of the hepatic duct and the hepatic artery, which required plaintiff to undergo repair surgery later.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff's unusual anatomy led to his confusion. The defendant's expert testified that defendant met the standard of care despite the inadvertent injury to the biliary tree by identifying what he thought was the junction between the cystic duct and gallbladder before surgery. Further, there was a one-in-500 risk of biliary injury in such procedures.

Damages

The plaintiff sought $375,000.

Injuries

The plaintiff suffered multiple injuries, including damage to her abdomen, bile duct, liver, gallbladder, cholecystectomy, gallbladder removal, jaundice, pain and suffering.

Result

The jury awarded plaintiff $115,000.

Other Information

Insurer: Norcal Mutual Insurance Co. for Colton.

Deliberation

three hours

Poll

10-2 (negligence), 12-0 (damages), 12-0 (causation)

Length

six days