This is a list of our firm's case results in Virginia (VA) and beyond. We can't guarantee you'll receive the same results, but we can guarantee we'll work tirelessly on your behalf and try to obtain the jury verdict or settlement you deserve.

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Gastric Bypass (stomach stapling) Surgery complications

HSCL STAFF: Richard N. Shapiro, Attorney Charles Cunningham, Investigator Luther Yopp, Investigator Jackie Tilton, Paralegal Mary Wareing, Legal Secretary WHAT HAPPENED: LT was a 31-year-old who underwent obesity-reducing gastric bypass surgery in December 1996 by a surgeon in Virginia Beach, Virginia, and ultimately endured an amazing medical nightmare. When she had vomiting and ulceration, she treated at Portsmouth Naval Hospital, a U.S. facility, since her husband was in the Navy. The doctors at Portsmouth Naval Hospital conducted a first "revision" surgery to correct the problems, which was never successful. Following the "revision", LT still suffered from ulceration, regular vomiting, and her physical condition deteriorated so much that she had to have a feeding tube placed for liquid nutrition through an abdominal tube over several months. The recurrent vomiting ultimately led to loss of all her teeth and dentures were fabricated. Eventually, the U.S. doctors told her that she needed still another complicated surgery known as a vagotomy and antrectomy in which the doctors removed the lower portion of her remaining stomach and removed various nerves from her stomach lining. Following the second surgery, she again did not have relief from her symptoms. HSCL referred LT to various experts, not only to stabilize her medical condition, but also to determine whether the government physicians had violated medical standards and committed malpractice. Experts gave opinions that the government had violated applicable medical standards in that the first "revision" failed to properly "staple" the gastric pouch, leaving an improper pouch and/or opening. Thus, the second surgery also was inappropriate and unnecessary, leaving LT in need of still a third, corrective surgery to correct her condition. Later, one of the government doctors made several key admissions in his deposition. In order to best explain the complicated medical injuries that LT endured, HSCL commissioned Medivisuals, a medical illustrator, and supervised, along with the medical experts, creation of a multi-panel anatomy illustration which became the one document which could explain all of the circumstances with regard to LT's medical anatomy. While the suit was pending, and after multiple doctor depositions had been conducted, the case was referred to a United States Magistrate for court-sponsored mediation. At the time of mediation, it was understood that LT would still need to undergo a very risky corrective surgery. Dr. Sugarman, an expert in gastric bypass, had evaluated LT, and was prepared to conduct the surgery at MCV in Richmond, VA. Another issue was the lifetime nutritional needs that LT would need, which would vary somewhat, depending on the outcome of the contemplated corrective surgery. KEY LEGAL STRATEGY: This type of claim against the U.S. does not have a jury trial, and instead a federal judge must be convinced of the merit of the plaintiff's case. Accordingly, HSCL obtained two very well qualified experts with knowledge of gastric bypass surgery. Both gave opinions that the government had not met applicable medical standards. Moreover, the creation of the multi-panel medical illustration (see inset box) made the case understandable for the federal magistrate as well as all experts involved in the case. POST-SCRIPT: LT underwent successful corrective surgery during July, 2002 at M.C.V. in Richmond. She is not suffering ulceration or vomiting, yet does have special nutritional requirements she must follow on a lifetime basis,besides those normally required by gastric bypass surgery.

Awarded: $550,000.00 settlement during mediation.

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.

Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about. 

While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.