Facts

Plaintiff Patrick Flaherty experienced numerous complications from an outpatient laparoscopic cholecystectomy. During the course of the procedure, it was noted that plaintiff suffered an injury to his iliac vein. Vascular surgeons were called to help repair the vascular injury, and plaintiff was admitted to the hospital for a total of 35 days. During that time, he experienced deep vein thrombosis, pulmonary embolism, aspiration with respiratory arrest, and two gastrointestinal bleeds requiring resuscitation, one of which appeared to result in a line placement perforating the aorta.

Plaintiff attempted to present the case as one of res ipsa loquitur against four physicians involved in his case.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged improper placement of trocar or needle during laparoscopic gallbladder surgery resulting in injury to mesentery, small bowel, iliac vein in two areas, and aortic bifurcation. The plaintiff alleged failure to identify three or more injuries in a timely fashion, resulting in two episodes of massive exsanguination, pulmonary emboli, and deep vein thrombosis, multiple surgeries, compartment syndrome (two times) and 1 1/2 months of hospitalization. The plaintiff claimed residual lymphadema and surgery in future for incompetent vein.

DEFENDANTS' CONTENTIONS:
The defendants argued the standard of care was met. The defense claimed that plaintiff suffered the recognized risk of surgery. The defense further contended that plaintiff failed to prove negligence or causation to reasonable degree of medical probability.

Settlement Discussions

The plaintiff made C.C.P. section 998 offers of $250,000 to Dr. Giurgiu. Dr. Giurgiu made a C.C.P. section 998 offer of $150,000. According to plaintiff's counsel: The plaintiff made C.C.P. section 998 offers of $29,999 to Dr. Resnikoff, $29,999 to Dr. Yang, and $29,999 to Dr. Sise. According to defense counsel: The plaintiff made C.C.P. section 998 offers $200,000 to Dr. Resnikoff, $200,000 to Dr. Yang, and $200,000 to Dr. Sise.

Specials in Evidence

$550,000 $9,000

Result

Defense verdict for defendants Dan Giurgiu, M.D., Jack Yang, M.D., Michael Sise, M.D., and Joseph Robert Resnikoff, M.D.

Other Information

The plaintiff had conditional res ipsa loquitur instruction and Summers v. Tice instructions. According to plaintiff's counsel: The court refused the plaintiff's instruction on res ipsa loquitur and Summers v. Tice. The burden of proof was placed on the plaintiff despite admission that one of the four defendants caused plaintiff's injuries. Motion for new trial is pending. FILING DATE: Aug. 31, 2009.

Deliberation

half day

Poll

9-3 (no liability as to Giurgiu), 11-1 (no liability as to Dr. Yang, Dr. Sise, Dr. Resnikoff),

Length

10 days