NEW HAMPSHIRE TRIAL LAWYERS ASSOCIATION VERDICTS AND SETTLEMENT REPORT

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P.O. BOX 447

CONCORD, NH  03301

Plaintiff’s Attorney:  Kenneth C. Brown, Esq.

 

Case Title:    Anonymous v. Anonymous

 

County:      Anonymous    Date of Injury: August 9, 2005

 

Liability Facts:          On August 9, 2005, the Plaintiff underwent a Nissen Fundoplication, which was performed laparoscopically.  Immediately following this procedure, the Plaintiff had complaints of difficulty breathing and pain in his chest and shoulders.  Several post-procedure examinations were performed, including a barium swallow, but no abnormalities were revealed.    After many weeks of complaints of difficulty swallowing, abdominal/epigastric pain and loss of weight, an endoscopy was performed on October 31, 2005.  During this procedure, a  3 cm triangular shaped plastic foreign object was found to be lodged against the intestinal wall which could not be retrieved by endoscopy.  A laparotomy procedure was performed on November 1, 2005 and the foreign object was retrieved.  Part of the Plaintiff’s stomach was also removed.  The foreign object retrieved was the blade extender from the laryngoscope, which was dislodged during the August 9, 2005 procedure.

 

Plaintiff:  Sex: M    Age at time of injury: 56

 

Occupation: Sales

 

Plaintiff’s Theory of Liability: The care of the anesthesiology was substandard in that he failed to correctly attach the blade extender, which allowed it to dislodge inter-operatively, and failed to note that detachment and retrieve it.

 

Defendant’s Theory of Defense:    General denial.

 

Injuries:  (Diagnosis/Prognosis/Permanency): The Plaintiff suffered abdominal/epigastric pain and discomfort as a result of having a foreign body in his stomach and difficultly swallowing, which resulted in his losing 45 pounds.  He incurred further costly medical and hospital care and treatment.

 

VERDICT/SETTLEMENT: The case settled with the defendant’s insurance carrier before suit was initiated.

 

COUNSEL:

Kenneth C. Brown, Esquire

ABRAMSON, BROWN & DUGAN

1819 Elm Street

Manchester, NH 03104

(603) 627-1819

Counsel for the Plaintiffs

Mark Abramson
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