On August 23, 2024, a federal judge from the United States District Court for the Middle District of Florida awarded $6.5 million to a military spouse who suffered very serious harm due to the alleged medical negligence of a Navy surgeon who performed gastric sleeve surgery on her to manage her diabetes. The surgeon had reportedly failed his board examinations four times, and his training to perform gastric sleeve procedures involved observing 10 gastric sleeve procedures while they were being performed, assisting in 10 gastric sleeve procedures, and then performing 10 gastric sleeve procedures while under the watchful eye of another surgeon. The Navy then allowed the surgeon to perform gastric sleeve procedures without supervision.
The military spouse alleged in her FTCA lawsuit that the surgeon negligently performed her gastric sleeve procedure that resulted in a leak at the suture site. As a result of the leak, gastric acid migrated into the area where her stomach used to be and further migrated onto her internal organs. Because of the surgeon’s lack of training and experience involving post-surgery gastric sleeve complications, the lawsuit alleged that the surgeon failed to return the patient to the operating room immediately so that the leak could be repaired and a washout of the gastric acid could be performed. Instead, the surgeon arranged for the patient to be transferred to another hospital, but it took over 18 hours for the transfer to occur.
The negligently performed procedure and the resulting leak and delay in repairing the gastric leak allegedly resulted in serious and permanent harm, and required more than ten additional surgeries over the course of several months. As a result of the surgeon’s negligence, the judge determined that the patient was entitled to the full amount of the life care plan entered into evidence, in the amount of $4.7 million, plus the judge awarded damages for pain and suffering, resulting in a total award of $6.5 million.
Gastric Sleeve Surgery
According to Johns Hopkins Medicine:
Gastric sleeve surgery is a type of weight-loss surgery (bariatric surgery). This surgery is also known as sleeve gastrectomy or vertical sleeve gastrectomy. Gastric sleeve surgery restricts your food intake, which leads to weight loss. You may lose from 50 to 90 pounds, but each person’s results will vary.
It’s often done as a laparoscopic surgery, with small incisions in the upper belly (abdomen). Most of the left part of the stomach is removed. The remaining stomach is formed into a narrow tube called a sleeve. Food empties out of the bottom of the stomach into the small intestine the same way that it did before surgery. The small intestine is not operated on or changed. After the surgery, less food will make you full when eating.
Bleeding, infection, heart problems, lung problems, pain, and blood clots in your legs are possible complications that may occur after any surgery. General anesthesia may also cause breathing problems or other reactions. There are also risks of a leak at the staple line. Also, too much weight loss can leave you with sagging skin. Both issues often need more surgery.
Over time, you may also have some trouble absorbing certain nutrients. Or you may develop a narrowing (stricture) in your stomach sleeve. Some people may have heartburn or reflux after the surgery. If you already have moderate to severe reflux, a gastric sleeve could make that worse. You may want to consider a gastric bypass surgery instead. That type of surgery can help or even stop reflux and heartburn.
If you or a loved one suffered harm as a result of medical malpractice involving a military medical facility or involving a federal employee, you should promptly find a federal medical malpractice lawyer (Federal Tort Claims Act lawyer) who may investigate your federal medical malpractice claim for you and represent you or your loved one in a Federal Tort Claims Act medical malpractice case, if appropriate.
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