U.S. District Court Awards Over $1.8 Million For Negligent Laparoscopic Surgery

Judge Samuel P. King of the United States District Court ruled yesterday that two doctors from Alivio Medical Center were negligent in performing laparoscopic surgery for the removal of an ovarian cyst and awarded the plaintiff $1,828,121. The law firm of Corboy & Demetrio, represented the victim.

The plaintiff underwent laparoscopic surgery for removal of a left ovarian cyst on March 18, 2002 at Alivio Medical Center.  During the procedure her iliac artery was lacerated and she nearly bled to death.  She required a complex abdominal closure,  several subsequent surgeries, and a two-year recovery period during which she was unable to work.  For much of her recovery period she had an open abdominal wound.

Injury to the common iliac artery is not a known complication of laparoscopic surgery to remove an ovarian cyst.  Plaintiff’s expert, Dr. Richard Soderstrom, testified that he had performed 5,000 such procedures with no injuries to a common iliac artery.  Interestingly, even defense expert, Dr. Winkel, testified that he had performed or participated in 8,000 laparoscopic surgeries with no injury to the common iliac artery.  Perforation of the left common artery was caused by improper location of surgical equipment by the treating surgeons, Dr. Susan Porto and Dr. Mark Kosanovich.  Dr. Soderstrom, while retired, is a known medical authority in the area of laparoscopic surgery, has authored one of the leading texts on the subject, and is a co-founder of the leading medical society for laparoscopic surgeons.

This matter was originally filed in the Law Division of the Circuit Court of Cook County, but was removed to the United States District Court because the defendant doctors were determined to be employees of the United States. Both doctors were working at the  Alivio Medical Center, which is a federally-funded community health center, and were acting within the scope of their employment at the time of the occurrence.