Posted by Gary Burger on December 3, 2015
After a cesarean section birth, the plaintiff’s surgeon left a sponge in her abdomen. This was not diagnosed for seven days after her surgery, despite x-rays that were incorrectly read by the radiologist who misidentified the surgical sponge left in her. After a painful week of system blockage and stomach swelling, the sponge was noted on x-ray films and in a second surgery, the Defendant doctor removed the sponge and went home with her child.
Monica suffered painful adhesion disease and needed medical treatment and procedures to ease her ongoing abdominal pain and discomfort because of the sponge. Prior to the trial, Gary settled Monica’s claims against the Radiologist and the St. John’s nurses. We had successfully proven that the x-ray films were reported wrong and that the nurses had incorrectly done the sponge count. The trial was interesting in that the jury knew we had settled out with the most culpable Defendants. The Defendant doctor wanted his day in court – to try to tap into the natural goodwill we all feel towards doctors. We presented a good case with genuine, believable experts, and our client did great. The jury returned a verdict for Plaintiff in the amount of $175,000. Gary Burger was able to get the defendant to admit leaving the sponge was his fault in cross examination. The case was the subject of an article in the St. Louis Post Dispatch.