On April 29, 2015, a 52-year-old woman won her Illinois bariatric surgery malpractice lawsuit against two bariatric surgeons that was tried before a federal medical malpractice jury. The plaintiff alleged that medical negligence during her bariatric surgery led to her brain damage. She had previously settled her medical malpractice claim against the hospital for $5 million. The federal jury awarded the plaintiff $9.4 million for her injuries and losses; she will require 24/7 assistance for the rest of her life.
The plaintiff had bariatric surgery performed by the defendants in February 2010. The plaintiff was taking a blood thinner at the time of her surgery. In association with her surgery, the plaintiff was given an anti-coagulation medication, which she claimed was the wrong medication. As a result, she alleged that she suffered extensive internal bleeding that caused a loss of blood flow to her brain, leading to her brain damage.
The plaintiff now uses a wheelchair and suffers from cognitive impairment as a result of her injuries (before her surgery, she home-schooled her four children, who range in age from seven to twenty). She now lives with her three sisters who help take care of her, after her husband of more than twenty years left her after he reportedly became involved with a nursing aide who had been taking care of her.
The defendants’ attorney stated that the defendants are now considering their options as a result of the medical malpractice verdict rendered against them.
One of the defendants operates a website that states that he is “board-certified in general surgery and has been in practice for over 13 years. [He] has taught Bariatric surgery to many surgeons around the country. He has been involved in almost 1000 weight loss surgeries. He has also served as Co-medical director in the Trauma department at Good Samaritan Hospital in the past. His dedication to advancing knowledge of surgical techniques and technology are reflected in his active memberships in various medical associations … ”
The website describes the other defendant as “a surgeon … with special interests in Laparoscopic Roux-en Y Gastric Bypass, Adjustable Gastric Banding, Sleeve Gastrectomy, Gastrointestinal Surgery and Endoscopic procedures. His specialized training in Advanced Laparoscopic and Bariatric Surgery at the Cleveland Clinic shows his dedication to minimally invasive surgery and committed interest in the treatment of obesity. He is board-certified in surgery by the American Board of Surgery.”
The website states: “Our staff practices a comprehensive holistic team approach with multi-disciplinary medical caregivers who participate in the diagnosis and ongoing treatment of overweight patients. Our Mission is to assist each patient in achieving their weight loss and health objectives through comprehensive surgical care and education of unmatched quality and value.”
If you or a family member were seriously injured (or worse) as a result of medical negligence involving bariatric surgery in Illinois or in another U.S. state, you should promptly seek the legal advice of an Illinois medical malpractice attorney or a medical malpractice attorney in your state who may investigate your bariatric medical malpractice claim for you and represent you in a bariatric malpractice case, if appropriate.
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