Facts

On March 4, 2021, Breon Johnson was admitted into the Zuckerberg San Francisco General Hospital & Trauma Center for a gunshot wound. The operating team performed an exploratory laparotomy by packing his abdomen with gauze, lap sponges, to stop the flow of blood, allowing the surgeons to explore, diagnose the injuries, and perform damage-control surgical procedures. The attending surgeon decided to temporarily close the wound in order to later take a second look. The area was packed with two lap sponges and a temporary closure device placed. Johnson was then brought to the Intensive Care Unit in critical condition.

Another operative team led by Dr. Sammann performed a second exploratory laparotomy, removing the gauze and temporary closure device and replacing it with another gauze and two sponges. A third exploratory laparotomy was performed thereafter on March 5. The report for that laparotomy indicated that one piece of gauze was removed but no mention of the two sponges. Before closing the abdomen, an X-ray was taken and with the radiologist, there was a confirmation that no objects had been retained in the abdomen. Dr. Sammann closed the wound. Final sponge counts had been performed by two nurses. Johnson was discharged the following day.

Over the course of several months, according to Johnson, he experienced severe abdominal pain, cramping, and distension. His wound also failed to close, causing chronic infection and drainage. On April 26, 2022, Johnson discovered a piece of material sticking out from his open wound and went back to the Hospital for treatment. An incision was made on the wound, it was drained, and a retained sponge was removed. Johnson then filed a government tort claim with the City of San Francisco on May 6, 2022, which the City rejected. He presented the same claim to the Regents of the University of California two months later, and filed suit against the Regents, the City, Sammann and involved nurses on September 26, 2022, in San Francisco Superior.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted a single cause of action for medical negligence.

DEFENDANTS' CONTENTIONS: Defendants denied all material contentions.

Result

The case settled for $200,000.