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Medical
Malpractice
Lack of Informed Consent

Mary Lynn Reynolds Monroy v. Narender Nath Bhatia, M.D., et al.

Published: Jan. 5, 2018 | Result Date: Dec. 5, 2017 | Filing Date: May 27, 2014 |

Case number: BC546744 Verdict –  Defense

Judge

William F. Highberger

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Henry B. LaTorraca
(Law Office of Henry B. LaTorraca)


Defendant

Robert L. McKenna III
(Kjar, McKenna & Stockalper LLP)


Experts

Plaintiff

Craig V. Comiter M.D.
(urology)

Defendant

Christopher M. Tarnay M.D.
(OB/GYN)

Facts

Plaintiff Mary Lynn R. Monroy, 54, suffered from stress urinary incontinence and underwent a mid-urethral sling procedure. She subsequently developed significant complications with the mesh and required multiple surgeries to repair damage.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant failed to obtain plaintiff's informed consent for the procedure.

DEFENDANT'S CONTENTIONS: Defendant claimed that he complied with the standard of care and obtained plaintiff's informed consent for the procedure.

Insurer

The Doctors Company

Damages

Plaintiff claimed $250,000 in general damages.

Result

Defense verdict.

Other Information

The poll was 12-0 for defendant on whether she had given her informed consent to the use of the Boston Scientific Corporation Advantage Fit polypropylene mesh as to the risks, benefits, and alternatives to using mesh, such as an autologous sling or other biologic material, and 10-2 for defendant as to whether Dr. Bhatia permitted Lisa Beth Hirsch, M.D. to perform the sling surgery without plaintiff's informed written consent. Coordinated Case: JCCP4733 on Feb. 24, 2015.

Deliberation

one hour (with a read-back of testimony)

Poll

12-0

Length

six days


#128775

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