Judy Collins, who was 73-years-old, underwent hiatal hernia repair surgery on September 21, 2019. During the post-operative period, Collins experienced signs of reherniation, which her surgeon allegedly failed to recognize. As a result, the surgeon did not order a CT scan despite the scan being suggested by a radiologist, which led to a delay in diagnosing the reherniation and treatment. Collins died on November 28, 2019 after undergoing emergency surgery.
The family’s Ohio medical malpractice lawyer stated after the jury returned its verdict in the amount of $2,063,000 after three days of deliberations following two weeks of trial in October 2024, “This was a very difficult case, as the physician argued that the tests were completed properly and that the complication was identified in a timely manner, with the appropriate surgery performed. The family [Collins’ surviving husband, her four children, and eleven grandchildren] was an absolute pleasure to represent. We are incredibly appreciative of the judge and court personnel for their professionalism and of the jury for their time and attention to this matter.”
Recurrence Of Hiatal Hernia After Surgery
The recurrence rate of hiatal hernia after laparoscopic surgery with crural repair and Nissen or Toupet fundoplication is high (< 25-42%). In a retrospective cohort study where patients were included if they underwent a laparoscopic fundoplication in a particular hospital between 2012 and 2019, 307 patients were included (206 women and 101 men). During primary surgery, 208 patients underwent a Toupet fundoplication and 97 patients underwent a Nissen fundoplication. Reinforcements consisted of anterior sutures in 132 patients, vertical mesh strips (VMS) in 89 patients and mesh in 17 patients. After primary surgery, recurrence of hiatal hernia was diagnostically confirmed in 64 patients (20.8%). Use of VMS during primary surgery was significantly associated with fewer recurrences. Secondary surgery was performed in 54 patients (17.6%) and tertiary surgery in five patients (1.6%). Mesh and VMS were used more during secondary and tertiary surgery.
The study’s authors concluded: “The recurrence rate among HH [hiatal hernia] patients in this cohort study was 20.8% with a mean follow-up time of 6 years. Secondary surgery was performed in 17.6% of the patients. In future, the use of VMS might lead to fewer recurrences after primary laparoscopic repair of HH.”
A study from 2007 found that the recurrence rate of hiatal hernia after laparoscopic fundoplications is significantly higher in patients with large hernias (grade 3 and 4 according to radiological classification). The surgery technique (Nissen or Toupet fundoplication) was not a significant factor affecting the recurrence rate of hiatal hernia.
Signs and symptoms of a recurrent hernia include:
- A bulge at or near the site of the original hernia
- Pain — which can range from a dull ache to severe pain — especially when coughing, sneezing or lifting heavy objects
- Bloating or constipation
Diagnosis methods for recurrent hernias include:
- Ultrasounds
- Computed tomography (CT) scans
- Magnetic resonance imaging (MRI) scans
If you or a loved one may have been injured (or worse) as a result of medical negligence involving hernia repair in Ohio or in another U.S. state, you should promptly seek the legal advice of an Ohio medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your hernia medical malpractice claim and represent you or your loved one in a hernia surgery medical malpractice case, if appropriate.
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