Case details

Surgeon properly performed hernia repair surgery: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
nia
FACTS
On March 22, 2013, plaintiff Scott Stotelmyer, 53, underwent a single incision laparoscopic ventral hernia repair at Adventist Health Glendale, a hospital in Glendale. The procedure was performed by Dr. Sam Carvajal, a general surgeon. Stotelmyer later required additional surgery to address laxity of the mesh that was placed during the prior surgery and to tighten his abdominal area, as well as surgery to address an esophageal abnormality. Specifically, Stotelmyer underwent a mesh repair surgery, which consisted of trimming a piece of mesh that was previously placed during the hernia repair surgery on March 22, 2013. At the same time, Stotelmyer underwent a Heller myotomy — a surgical procedure to relieve the obstruction between the esophagus and stomach by dividing the muscle layer from the esophagus down to the stomach — and a Dor fundoplication — a procedure performed to prevent reflux from the stomach into the esophagus following the myotomy. The procedures were all performed by Carvajal on Dec. 22, 2014. Stotelmyer claimed that after the procedures on Dec. 22, 2014, he suffered a recurrent hernia. He ultimately underwent an open ventral hernia repair surgery for the recurrent hernia at UCLA Medical Center, in Los Angeles. The surgery was performed by Dr. Charles Chandler, a general surgeon, on Dec. 2, 2015. Chandler removed all of the existing mesh and then placed new mesh. Stotelmyer claimed that he has done well since that surgery. Stotelmyer sued Carvajal. Stotelmyer alleged that Carvajal was negligent in the performance of the surgeries and that Carvajal’s negligence constituted medical malpractice. Plaintiff’s counsel contended that Carvajal placed "mesh on mesh" during the surgery on March 22, 2013, thereby compromising the integrity of the initial hernia repair. Counsel also contended that Carvajal fell below the standard of care by failing to remove all of the existing mesh during the surgeries on March 22, 2013, and Dec. 22, 2014. Counsel argued that Carvajal’s actions caused an ineffective repair to result in a recurring hernia and the need for the open ventral hernia repair surgery on Dec. 2, 2015. The defense’s general surgery expert opined that Carvajal met the standard of care in the care and treatment of Stotelmyer., Stotelmyer claimed that he suffered a recurrent hernia after the 2014 procedures. He ultimately underwent an open ventral hernia repair surgery to address the recurrent hernia on Dec. 2, 2015. Stotelmyer claimed that he has done well since the 2015 surgery and that he has had no further hernia recurrence. Stotelmyer only sought recovery of general damages for his past and future pain and suffering. The defense’s general surgery expert opined that Carvajal did not cause Stotelmyer’s alleged .
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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