Professional Negligence Law Reporter

Everette Pulley, 85, suffered from anemia. He had a gastroenterology consultation with physician assistant Katherine Siever at the Salem Veterans Affairs Medical Center and was recommended for a colonoscopy, which was performed by gastroenterologist Mohamed Sageer. During the procedure, Sageer removed 19 benign polyps. The doctor discharged Pulley after the procedure and instructed him to resume his daily aspirin.

A day later, Pulley was transported to a hospital, suffering from abdominal pain, light-headedness, and rectal bleeding. Although Pulley had a history of hypertension, his blood pressure began trending downward. A CT scan revealed an inflammatory process, and it was recommended that Pulley be transferred to another facility so that he could receive a gastroenterology consultation. Before the transfer, he required a blood transfusion and was diagnosed as having a gastrointestinal hemorrhage. This led to hypovolemic shock and his subsequent death. He is survived by his wife and seven children.

Pulley’s wife, on behalf of his estate, sued the United States, alleging liability for Siever’s negligent recommendation of and Sageer’s negligent performance of the colonoscopy. The plaintiff asserted that given Pulley’s age, he should not have undergone the procedure. Additionally, the plaintiff asserted, Sageer should not have discharged Pulley home or restarted the aspirin after the colonoscopy.

The parties settled the case for $300,000.

Citation: Pulley v. United States, No. 7:20-cv-00154 (W.D. Va. June 11, 2021).

Plaintiff counsel: AAJ member Anthony M. Russell, Roanoke, Va.; and AAJ member Les S. Bowers, Charlottesville, Va.