Defense Verdict for Attorneys Poling and Popham in Franklin County

Plaintiffs alleged that our Ob/Gyn client was negligent in the performance of a Laparoscopic-Assisted Vaginal Hysterectomy, Bi-Lateral Salpingo Oophorectomy and intra-operative repair of a small area of thinned bladder wall.  Plaintiffs alleged that the Defendant’s negligent failure to properly repair the bladder wall resulted in the development of a vesicovaginal fistula and subsequent neurogenic bladder necessitating a $2.9 million life care plan.  The theory of defense was that the surgery and bladder wall repair were appropriate; that the development of a vesicovaginal fistula is a known and recognized surgical complication; and that the patient’s neurogenic bladder was secondary to a pre-existing underlying neurological disorder.  Plaintiffs’ experts:  Dr. Michael Baggish (Ob/Gyn), Susan Smith, RN (Life Care Planner), and David Boyd, Ph.D. (Economist).  Defense expert:  Dr. George Flesh (Urogynecology).  The jury returned an 8-0 defense verdict after 15 minutes of deliberation.

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