Professional Negligence Law Reporter

Eric March, 47, underwent a laparoscopic ventral hernia repair at a VA medical center. The procedure, which was performed by resident Marko Lujic and attending physician Robert Berke Schlessel, required the removal of adhesions and placement of mesh. After five days, March was discharged. Three days later, he developed a fever and severe pain. He went to a hospital, where he underwent a CT scan and a laparotomy, which revealed bowel contents in his abdomen. He was diagnosed as having a bowel perforation and peritonitis and underwent additional surgery to resect portions of his bowel. As a result of his injuries, March has suffered depression and has been unable to work. Additionally, he experiences pain and must wear an abdominal binder 24 hours a day.

March and his wife sued the United States, alleging negligent performance of the hernia repair procedure. The plaintiffs claimed that March suffered a thermal injury to his bowel when adhesions were removed via electrocautery and that the attending physicians failed to carefully inspect the bowel for injuries before closing.

The court awarded more than $9.4 million, including $1.2 million for loss of consortium.

Citation: March v. United States, No. 3:17-cv-02028-VAB (D. Conn. Mar. 5, 2021).

Plaintiff counsel: AAJ member Kathleen L. Nastri, Bridgeport, Conn.

Plaintiff experts: R. Stephen Smith, general surgery, Gainesville, Fla.; Gary Crakes, economics, Cheshire, Conn.; Maher Suede, general surgery, Manchester, Conn.; and Darlene Carruthers, life care planning, Miami.

Defense expert: Yuri Novitsky, general surgery, New York City.