Facts

On July 19, 2009, defendant Krishna Narayan, M.D., performed an emergency abdominal surgery on plaintiff Michael Olivares at Beverly Hospital. The surgery was for severe peritonitis. A Hartmann procedure was performed, which resulted in a colostomy, which would be reversed in five to six months. In the course of the surgery, Dr. Narayan left a lap sponge inside Olivares' abdomen. The sponge count given by the nurses, employees of Beverly Hospital, was correct three times.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that it is the non-delegable duty for the surgeon to remove all sponges from the patient's abdomen. He has an independent duty to keep track of and remove all sponges. This duty is separate from the duty of the nurses to keep an accurate sponge count.

DEFENDANTS' CONTENTIONS:
Defendants claimed that the surgeon can rely in part on an accurate sponge count. His duty is to do a visualization and sweep for foreign bodies while waiting for the result of the sponge count. If the count is correct, the surgeon may begin closing the abdomen. The surgeon does not have a duty to keep track of sponges as they are being used.

Settlement Discussions

Plaintiff served a 998 for $29,999. Defense offered zero.

Injuries

The retained sponge became infected while in the abdomen. It infiltrated into the small intestine causing pain, vomiting, diarrhea, and infection. When the takedown surgery was done and the sponge removed, six centimeters of small intestines was removed with it. That surgery caused infection, resulting in a hospital stay of an additional 16 days.

Result

The verdict was $120,000 (net) against Dr. Narayan. Beverly Hospital settled before trial for $70,000.

Other Information

FILING DATE: Aug. 4, 2010.

Deliberation

four hours

Length

six days