Ms. Lopez was like many mothers, who opted for cosmetic surgery to make herself feel more attractive after having children.  The 36-year-old mother of four elected to have a breast lift and augmentation, liposuction, and a tummy tuck.  Just one hour after her operation, Ms. Lopez was sent home, despite that she was allegedly having trouble breathing. In the words of her family’s lawyer, Kenneth Wills, she was “whisked out the door.”

Supposedly, Ms. Lopez was not only having breathing problems, she was also experiencing dizziness, fever, concentration and difficulty moving, following the surgery performed by Dr. Matthew Galumbeck.  The next day, her sister reportedly called a nurse out of concern over Ms. Lopez’s symptoms, but according to Mr. Wills, no one followed up.  That evening, Ms. Lopez’s daughter found her mother in bed, unresponsive.

Based on the autopsy, she died of aspiration pneumonia, which was the result of the contents of her stomach traveling into her esophagus and down her trachea into her lungs.

What did Dr. Galumbeck have to say about the situation?  He testified that his patient, Ms. Lopez, did not have any complications during the operation.  The doctor said that he reviewed her medical records before she left the recovery room and did not notice any warning signs of distress.

Dr. Galumbeck’s attorney argued that his client did not violate the standards of care.  Mr. Wills put it differently – “what matters in this case is this lady had plastic surgery, she was ignored and she died.”

UPDATE 10/5/2010:

Following the jury’s decision, the defendant’s attorney filed a motion to set aside the verdict.  However, on Friday, October 1st, Circuit Court Judge Edward W. Hanson Jr.  denied the motion and upheld the jury verdict.

Mr. Wills was quoted as saying, “I think that the decision was correct. She left four children. Three of them are very young and will have many, many years without their mother.”

The plaintiff, Shannon E. Taylor, was awarded $3 million in a Virginia medical malpractice lawsuit. The plaintiff’s attorneys, Barbara S. Williams, Cory R. Ford and Roger T. Creager, should be congratulated for the success with this case.

Dr. Katherine Averill and Winchester Womancare were found liable for Ms. Taylor’s injuries that were sustained during a hysterectomy in July 2007.  The surgery was performed at Winchester Medical Center.  According to the complaint that was filed, Dr. Averill “negligently, grossly negligently and recklessly breached her duty of care to the Plaintiff Taylor” during and after Ms. Taylor’s procedure.

Dr. Averill was accused of using material from the anterior rectal wall instead of peritoneal tissue, to repair the vaginal cuff after Ms. Taylor’s uterus was removed.  As a result, the plaintiff suffered lacerations and other injuries.

The lawsuit also states that before completing the procedure, Dr. Averill didn’t sufficiently determine suture placement.  Supposedly, she also didn’t take appropriate steps to “follow up with, treat and timely remedy Taylor’s condition, status and injuries.”
Fairfax lawyers, Richard L. Nagle and Tracie M. Dorfman, are representing the defendants.  According to Mr. Nagle, they will likely file a motion to set aside the jury’s verdict or reduce the jury award, so that it falls within the statutory limit.

Unfortunately, this lawsuit is another example of a malpractice victim who will be robbed because of Virginia’s statutory cap on medical malpractice damages.  Despite the fact that the jury decided on a number that they believed would be fair for the victim, the law will prohibit her from seeing that full amount.

The verdict, awarded against Barry Walter, M.D. and Virginia Surgery Associates, was later reduced to $1.85 million to comply with Virginia’s “doctor and insurance company protection” law.

The patient was a single mother who left a 17 year old daughter. The case involved the alleged misuse of a device known as a Autosuture ProTracker. It was alleged that this device ruptured a vein near the heart, causing bleeding, followed by cardiac arrest.

The defendant denied any responsibility and there was no offer made on behalf of the defendants before trial.

The case was handled by attorneys Michael Shevlin and Tom Smith.

Remember. Each case is unique. These attorneys did a fantastic job but the result obtained is not an indication of what you may obtain in your case. You should consult with an experienced, board certified attorney in your area.