New Hampshire Trial Lawyers Association Verdict and Settlement Form

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Case Title:  Anonymous v. Anonymous OB/GYN

County:  Hillsborough – Southern District

Date of Injury:  July 12-13, 2003

Facts:

This is a medical negligence claim arising out of the medical care and treatment of the plaintiff, a 20-year old female, by the defendant, an area OB/GYN.  On July 12 and 13, 2003, the plaintiff presented to the defendant OB/GYN for treatment of left lower quadrant pain during her second pregnancy. The defendant did not perform an adequate laboratory or radiology work-up and mis-diagnosed the plaintiff’s pain from multiple ovarian cysts during a healthy uterine pregnancy as being pain from an unruptured ectopic pregnancy and administered methotextrate to abort the ectopic pregnancy.  As a result of administering the methotextrate, the plaintiff suffered an unwanted and unnecessary incomplete abortion of a healthy uterine pregnancy.   For weeks after this incident, the plaintiff suffered significant abdominal and pelvic pain, vaginal bleeding and cramping, severe headaches, and nausea.  She continues to experience severe emotional distress as a result of the defendant’s negligence and her loss.

Plaintiff: Female, age 20

Plaintiff’s Theory of Liability:

The defendant OB/GYN failed to properly diagnose an ovarian cyst and uterine pregnancy, failed to institute appropriate evaluations based upon laboratory and radiology test results, negligently and incorrectly diagnosed the plaintiff with an unruptured ectopic pregnancy, negligently ordered that the plaintiff be injected with methotextrate to abort the ectopic pregnancy, and otherwise failed to appropriately manage the plaintiff’s uterine pregnancy and treatment for an ovarian cyst, which resulted in an incomplete abortion of a healthy uterine pregnancy.

Defendant:  Anonymous OB/GYN and Anonymous OB/GYN Group.

Nature of Defense:  The defendant denied negligence.

Injuries (diagnosis / prognosis / permanency):

The plaintiff suffered profound injuries including, but not limited to, an unwanted, unnecessary and incomplete abortion of a healthy uterine pregnancy, weeks of significant abdominal, pelvic and vaginal bleeding and cramping, severe headaches, nausea, and other physical and emotional pain and suffering, as well as the painful and unnecessary miscarriage of a previously healthy pregnancy due to an incomplete abortion; loss of earnings, loss of enjoyment of life, loss of opportunity for her child’s life, and other injuries and losses including medical expenses.  The plaintiff suffers ongoing emotional distress from her loss and is in counseling.

Settlement / Verdict:  Confidential settlement after suit but prior to trial.

Plaintiff’s counsel:  Mark A. Abramson and Holly B. Haines

Mark Abramson
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