RESULTS: $675,000 Settlement
COURT: (Confidential) Virginia Circuit Court
DATE: October 20, 2022
ATTORNEYS: Richard N. Shapiro and Eric K. Washburn
STAFF: Paula S.
A 38-year-old woman was treated by an OB/GYN after having undergone a tubal ligation. The OB/GYN physician recommended a total hysterectomy which was done in 2018. The patient developed unremitting incontinence within two weeks after the hysterectomy.
At the time the woman retained our law firm about the potential medical malpractice, we reached out to two different OB/GYN physicians who reviewed all the available medical records and concluded that the hysterectomy was unnecessary given the woman’s symptoms and history, but also that the hysterectomy was negligently conducted and it caused her incontinence.
Essentially, both OB/GYN doctors provided their opinions that her OB/GYN doctor had violated several medical standards of care applicable to the hysterectomy. She began treatment with a urologist who reported there was no surgical intervention that could eliminate her incontinence, but that certain physical therapy modalities could be helpful, and prescription medication could possibly reduce the frequency of her incontinence. Within weeks of the hysterectomy, our client was required to start using adult incontinence diapers and extra pads for furniture or her bed. She faces a lifetime of dealing with humiliating incontinence issues.
The case was pending in a Virginia Circuit Court and many depositions were conducted before the parties engaged in voluntary mediation with a retired Circuit court judge. The case did not settle at mediation initially, but the mediator continued contacting each party in the weeks after mediation and ultimately, less than 60 days before trial, the parties arrived at a mutually agreeable settlement with details remaining confidential.
THE RESULTS: $675,000 settlement with confidential terms