Ferguson v. Lowe – Defense Verdict

Brant Poling and Kevin Popham successfully defended an Obstetrician/ Gynecologist against allegations of medical negligence involving a Laparoscopic-Assisted Vaginal Hysterectomy, Bi-Lateral Salpingo Oopherectomy 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. The jury returned an 8-0 defense verdict after 15 minutes of deliberation.

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