On July 26, 2021, a federal medical malpractice jury in Maryland returned its verdict in favor of the plaintiff in the amount of $1.5 million. The verdict included past medical expenses in the amount of $529,571.04, past lost wages in the amount of $41,500.00, and noneconomic damages in the amount of $928,928.96. The jury’s noneconomic damages award will be reduced to $755,000, pursuant to Maryland’s cap on noneconomic damages in medical malpractice cases.
The Underlying Facts
The now 42-year-old Arizona woman came to Maryland to be treated for a large uterine fibroid after reseaching for an appropriate medical provider on the internet. She had been advised by her local gynecological surgeon that the size of her fibroid meant that a laparoscopic procedure would not likely be appropriate and that an open procedure would therefore most likely be required to properly treat her medical condition. The plaintiff’s internet search found Dr. Natalya Danilyants, M.D., the Center for Innovative GYN Care, and decribed the Laparoscopic-Assisted Abdominal Myomectomy (LAAM) procedure.
The plaintiff undewent the LAAM procedure on October 22, 2015. Following the surgery, she had two bowel perforations, one located in the cecum and the other in the rectum, which required multiple surgeries that included the placement of an ileostomy. She experienced small bowel obstructions beginning in 2018 that required three hospitalizations for NGT decompression.
The defendant states on its website: “The Laparoscopically Assisted Abdominal Myomectomy (LAAM®) technique was developed by The Center for Innovative GYN Care (CIGC) surgical specialists in 2005 and it is a uniquely powerful procedure that can remove uterine fibroids of almost any size, at all locations in the uterus. Thousands of patients from all over the US and the world have opted for this fertility-sparing fibroid removal procedure. CIGC specialists have used the LAAM technique to remove fibroids greater than 20 cm as well as up to 160 fibroids in one patient. The procedure is minimally invasive, allowing patients to leave the surgical facility the same day of the operation, and provides for a recovery time of two weeks on average. When considerations are made for the number, size, and location of fibroids, LAAM has no equal when compared to standard laparoscopic or robotic procedures. LAAM has been proven to be as thorough in its ability to remove fibroids and provide the strongest muscle closure as compared to open surgery, but allows for a much faster recovery, less pain, and fewer complications. LAAM procedures have been published in peer-reviewed journals in large retrospective reviews and provide a superior minimally invasive surgical option for uterine-sparing fibroid removal surgery.”
If you or a loved one may have been injured as a result of medical malpractice in Maryland, you should promptly find a Maryland medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a Maryland medical malpractice case, if appropriate.
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