Professional Negligence Law Reporter

O’Connell v. Springfield Hosp., Inc., No. 5:16-cv-289 (D. Vt. Aug. 9, 2018).

Karen O’Connell, 64, experienced severe abdominal pain almost two weeks after receiving a diagnosis of diverticulitis without abscess formation. She went to Springfield Hospital, where general surgeon John Ciocchi performed abdominal surgery. During the procedure, O’Connell aspirated while under anesthesia. Her condition deteriorated, and she was transferred to another facility, where she underwent additional procedures and treatment for a massive infection. She required a temporary
colostomy and now suffers from permanent bowel problems.

O’Connell sued Ciocchi and the hospital, alleging failure to obtain informed consent before performing surgery. The plaintiff argued that at the time of her admission, she was suffering from an abdominal abscess despite her previous diagnosis and that Ciocchi should have disclosed supertheoption of undergoing percutaneous drainage of the abscess before performing the abdominal surgery. The jury awarded $400,000 plus interest and costs.

Plaintiff counsel: George Spaneas, Lebanon, N.H.