As Published In

Medical Malpractice — Foreign Object — Laparotomy Pad Left In Patient After Intestinal Surgery — Subsequent Surgery To Remove — Day In The Life Video

Settlement: Xxxxxxx Esmurria v. Mount Sinai Medical Center XXXXX/99

Date of Settlement: 7/20/00

Venue: New York Supreme

Plaintiff Attorney: Eric Turkewitz, Manhattan

Defendant Attorney: Michael N. Stevens of Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P., Manhattan

This action settled after jury selection for $450,000. Plaintiff, 78 years old at the time of surgery, had a hernia repair performed on 2/10/98, and returned 2 weeks after with a perforated diverticulum. Plaintiff claimed that during the second surgery, a laparotomy pad was left behind. The pad was removed 12 days later. Plaintiff claimed that she became septic and spent 3 weeks in the intensive care unit and had a temporary tracheotomy, causing a severe weakening of an already fragile condition. A colostomy performed during the surgery for diverticulitis has never been reversed.

Defendant was prepared to concede liability, and contest the issue of causation, since Plaintiff already had the perforated diverticulitis. In addition, Plaintiff had also been permanently disabled for many years prior to the surgery due to an unrelated respiratory condition.

Note: The summons and complaint in this action were served in April, 1999, and the jury was selected 15 months later in July, 2000. Demonstrative evidence: Plaintiff had prepared a Day in the Life video.