Katherine Ann Arroyo v. George Clark M.D., dba Alvarado Center for Surgical Weight Control
Published: Jul. 12, 2001 | Result Date: Mar. 27, 2001 | Filing Date: Jan. 1, 1900 |Case number: 729970 Verdict – $275,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Glen F. Dorgan
(Office of the U.S. Attorney)
Experts
Plaintiff
Edward Livingston
(medical)
Defendant
James Champion
(medical)
Facts
The plaintiff, Katherine Arroyo, underwent a laparoscopic Roux-en-Y gastric bypass procedure on Jan. 20, 1998. Gastric bypass is a weight reduction surgical procedure in which the stomach is divided into two parts. The small intestine is divided below the stomach and the lower part of that intestine is pulled up and attached to the part of the stomach where the food enters through the esophagus. This surgical connection between the bowel and the stomach "pouch" is called an anastomosis. This stomach "pouch" is made very small (about the size of a thumb) which greatly restricts the amount of food the patient can eat, thus causing weight loss. The distal portion of the stomach and the small intestine outlet are reconnected with the bowel down below (thus forming the "Y"). Very few doctors performed this procedure with a laparoscopic approach in 1998. Dr. Clark and his partner claim to have invented the laparoscopic approach to the Roux-en-Y surgery. The plaintiff suffered a stricture of the anastomosis and had to be fed intravenously for several months. She underwent a successful additional surgery to enlarge the stricture.
Damages
The plaintiff was employed at her family owned tennis club. She was paid during any time off. There was no claim for economic damages. General damages were limited to $250,000 under MICRA.
Injuries
The plaintiff suffered a stricture of the anastomosis at the surgical connection between the stomach pouch and the intestines. The plaintiff was advised against attempting to have the surgery reversed due to possible complications.
Deliberation
1.5 days
Poll
12-0 (no breach of the standard of care), 10-2 (breach of duty of providing informed consent), 9-3 (causation), 10-2 (damages)
Length
six days
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