Facts

In 2006, doctors diagnosed Andrea Walley with cervical dysplasia, which is potentially pre-cancerous. After giving birth, her OB-GYN, Dr. K, performed a loop electrosurgical excision procedure to eliminate tissue. Later, Walley developed cervical stenosis symptoms, which is a known side effect of the procedure. On Oct. 13, she presented to an ER, which told her to promptly go back to her OB-GYN. Dr. K's office declined to give her an earlier appointment. On Oct. 23, 2006, Walley visited Dr. K's office for a post-surgery follow-up. Walley was seen by Dr. B. After Walley informed Dr. B that she had experienced severe pain prompting an emergency room visit, Dr. B performed a pregnancy test.

Walley's symptoms returned, prompting her to go back to Dr. K. However, Walley was informed that she would have to wait weeks for an appointment. After an argument ensued, Dr. K. discharged her from his care. Later, Walley underwent a surgery to take out her uterus and ovaries. She sued Dr. K and Dr. B for medical malpractice.

PLAINTIFF'S CONTENTIONS:
Walley alleged that the loss of her uterus and ovaries resulted from the delay in care. Walley claimed that during the follow-up visit where she saw Dr. B, her menstrual blood was building up in her uterus, causing endometriosis. Dr. B should have ordered a pelvic exam, which would have revealed her condition. The doctor's failure to do so was below the standard of care.

DEFENDANT'S CONTENTIONS:
The defense argued that the doctors acted within the standard of care and that intervention would not have changed the outcome.

Damages

Walley sought $290,000.

Injuries

Walley suffered depression, emotional distress, loss of ovary, premature menopause, and psychological damage.

Result

The jury awarded the plaintiff $200,000.

Other Information

After post-trial motions were filed, the parties settled the case for a confidential sum. INSURER: NORCAL Mutual Insurance Co. insured the defendants.

Poll

11-1 (liability), 10-2 (damages)

Length

five days