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Medical
Malpractice
Negligent Fallopian Tube Removal

Jane Doe v. Roe Hospital

Published: Jul. 12, 2019 | Result Date: Mar. 14, 2019 |

Settlement –  $400,000

Court

Orange County Superior Court


Attorneys

Plaintiff

Benjamin D. Petiprin
(Spreter & Petiprin APC)

Daniel M. Hodes
(Hodes Milman LLP)


Defendant

Steven E. Kushner
(Dummit, Buchholz & Trapp) for hospital

Terrence J. Schafer
(Doyle, Schafer & McMahon LLP) for physician


Experts

Plaintiff

Albert Phillips M.D.
(OB/GYN)

Timothy Luckett R.N.
(nursing)

Wendy B. Shelly M.D., FACOG
(fertility)

Defendant

Bill Yee M.D.
(OB/GYN and reproductive endocrinology and infertility)

Ann Taylor R.N.
(nursing)

Facts

Plaintiff was a single, 27-year-old female, pregnant with her first child. She consented to a planned C-section and resection of a right ovarian cyst. On July 11, 2017, she was admitted to Roe Hospital. Roe physician mistakenly believed that Doe had consented to a bilateral tubal ligation. He proceeded to remove the left Fallopian tube, at which time it was realized that she had not consented to sterilization.

Contentions

PLAINTIFF'S CONTENTIONS: Later fertility workup by way of hysterosalpingogram revealed a non-functioning right fallopian tube. As such, any future attempt at a pregnancy must be by way of In-Vitro Fertilization.

DEFENDANTS' CONTENTIONS: Defendants disputed the allegations.

Damages

Doe testified that she and her boyfriend desired at least three additional children, at a cost of approximately $150,000.

Result

The case resolved for $400,000, with Roe OB/Gyn contributing $350,000, Roe Hospital $50,000.


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