Jane Doe v. Eugene Kaplan, an individual, Eugene Kaplan, M.D., a medical corporation, Center of Advanced Gynecologic Surgery, et al.
Published: Feb. 4, 2006 | Result Date: Nov. 2, 2005 | Filing Date: Jan. 1, 1900 |Case number: C0200112 Verdict – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Sukhwinder K. Bajwa
(Galloway, Lucchese, Everson & Picchi)
Experts
Plaintiff
Donald Ostergard
(medical)
Michael Margolis
(medical)
Stacey Barrie
(medical)
Defendant
Robert H. Rogers
(medical)
Patrick Joseph
(medical)
Facts
The plaintiff is a 51-year-old woman, who suffered from vaginal prolapse.
In January 2001, the defendant, Eugene Kaplan, an Ob-Gyn, conducted pelvic reconstructive surgery for the plaintiff's condition at San Ramon Medical Center. The defendant provided the follow-up care until May 2001. At that time, he told the plaintiff that she could go back to seeing Stacey Barrie, who was her referring Ob-Gyn.
In June 2001, Barrie examined the plaintiff. Barrie found that the plaintiff's vaginal anatomy was grossly distorted and infected.
Settlement Discussions
The plaintiff served a C.C.P. Section 998 offer of $249,999 and one for $30,000 for the plaintiff's husband.
Specials in Evidence
$400,000
Damages
The plaintiff and her husband sought an unspecified amount in damages. Damages included at least $1 million for emotional pain and suffering and approximately $450,000 for the husband's loss of consortium because sexual intercourse was impossible, even with the new vagina.
Injuries
The plaintiff alleged she suffered significant vaginal shortening and vaginal infection. A urogynecologist examined the plaintiff. He concluded that her vagina was nonfunctional. Further, the mesh that the defendant had placed was causing the infection and had to be removed. The urogynecologist later operated on the plaintiff five times to remove the mesh. He also reconstructed her vagina with grafts taken from other areas of her body. The plaintiff expert argued that the defendant's surgery caused decreased vaginal caliber and length. It also made the vagina inadequate for sexual intercourse.
Result
The jury found the defendant not liable for medical malpractice, lack of informed consent, misrepresentation of his success rates or intentional concealment.
Other Information
In exchange for a costs waiver, a motion for new trial or appeal were waived.
Deliberation
3.5 hours
Poll
12-0 (medical malpractice), 12-0 (lack of informed consent), 12-0 (misrepresentation), 12-0 (intentional concealment)
Length
13 days
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