In Medical Malpractice Suit Against Ob/Gyn And Medical Practice, Connecticut State Jury Awards $ 1.8 Million To Patient Who Was Left Infertile After Fallopian Tube Was Cut Accidentally During Laparoscopy
On May 16, 2011, Rebecca Simonds presented to Lawrence & Memorial Hospital complaining of pain in her right lower quadrant. Simonds was admitted for testing and treatment of possible appendicitis, ovarian neoplasm and/or right tubo-ovarian abscess. On May 21, 2011, Taylor Hotchkiss, M.D. of Physicians for Women's Health, LLC performed a diagnostic laparoscopy and drainage of right tubo-ovarian abscess with lysis of adhesions on Simonds. During the surgery, Hotchkiss transected, cut, severed, and/or surgically damaged Simonds' left fallopian tube near the cornua. Simonds asserted she lost complete use of her left fallopian tube and was rendered infertile and unable to naturally conceive a child.
On June 5, 2012, Simonds and her husband Charles Simonds filed suit against Hotchkiss and Physicians in the Connecticut Superior Court, Judicial District of New London. The Simonds asserted claims of medical malpractice, lack of informed consent, and loss of consortium. The Simonds asserted Hotchkiss breached the standard of care by erroneously transecting the left fallopian tube, failing to take steps to prevent the tube from becoming damaged to a point of disrepair, failing to prevent the tube from becoming severed and/or cut, failing to visually identify the tube and protect it from damage during the surgery, failing to perform the surgery with the degree of reasonable care required of an obstetrics and gynecology surgeon, failing to act with reasonable diligence to save the damaged tube after becoming aware it was transected, and failing to notify and inform Simonds of the potential risks and/or consequences of the surgery. Simonds sought compensatory damages for physical and emotional injuries and financial damages, including damages associated with in-vitro fertilization the Simonds would be required to undergo in the future to have children.
Hotchkiss and Physicians denied Hotchkiss breached the standard of care or failed to obtain informed consent and denied Hotchkiss damaged or cut Simonds' left fallopian tube during the surgery.
Trial was presided over by Judge Timothy Bates. On April 15, 2016, the jury found in favor of the Simonds on their negligence and informed consent claims and found the plaintiffs had proven by a fair preponderance of evidence that the transection of the left fallopian tube was a substantial factor of Simonds' inability to conceive naturally and the other damages flowing from that. The jury awarded Simonds $ 190,000 in economic damages and $ 1,300,000 in non-economic damages. The jury also found Charles Simonds suffered lost consortium due to his wife's injuries and awarded him $ 310,000 in non-economic damages.
For more information on this case, including counsel, please visit our summary on Lexis Advance: Rebecca Simonds and Charles Simonds v. Physicians for Women's Health, LLC; Taylor Hotchkiss, M.D; 2016 Jury Verdicts LEXIS 2629
For all your medical malpractice litigation needs, please visit our homepage for MedMal Navigator: http://www.lexisnexis.com/en-us/products/lexisnexis-medmal-navigator.page