Facts

On Sept. 30, 2009, Jane Doe, a 47-year-old married woman, underwent a total vaginal hysterectomy at the hands of Roe surgeon on account of persistent uterine bleeding. Jane Doe developed immediate right flank pain.

A CT scan done on Nov. 4 revealed a right hydronephrosis. She was taken to surgery on Nov. 6, where it was noted that her right ureter had either been ligated or transected. She underwent a right ureteroneocystostomy.

While Jane Doe's kidney function appears to be satisfactory, she remains in chronic pain, managed by variety of narcotic and anti-inflammatory medications.

PLAINTIFF'S CONTENTIONS:
Jane Doe claimed that it was below accepted standards of care for Roe surgeon to have transected or ligated her ureter and not recognize it. She also claimed that her pain syndrome is a direct result of the surgical mishap.

DEFENDANT'S CONTENTIONS:
Roe surgeon claimed that injuring the ureter during a total vaginal hysterectomy is a known and accepted risk.

Defense questioned the need for ongoing medication management.

Damages

Jane Doe's husband asserted a loss of consortium claim.

Result

The case settled for $1 million (policy limit) at mediation before Lawrence Rudd, M.D., J.D., at Judicate West.