Professional Negligence Law Reporter

Blevins v. Holzhauer, No. 2016-0027-CVIK (Miss. Cir. Ct. Lowndes Cnty. Sept. 5, 2018).

Talanda Blevins, 38, was admitted to a hospital for an induction of labor attended by obstetrician James Holzhauer. During labor, Blevins’s uterus ruptured, resulting in fetal distress. Holzhauer performed a cesarean section, during which he allegedly lacerated Blevins’s bladder. Blevins suffered significant blood loss while in recovery, and this was reported to Holzhauer. Holzhauer later returned her to the operating room for exploratory surgery; however, Blevins continued to suffer blood loss, necessitating a third procedure to repair her lacerated cervix. When the bleeding failed to stop, the physician performed a total abdominal hysterectomy, and another physician performed additional surgery to repair Blevins’s bladder and damaged ureters. Blevins had been a store clerk earning an hourly wage but is unable to work full time due to her continued pain, lifting restrictions, urinary incontinence, and inability to stand for long periods of time.

Blevins sued Holzhauer, alleging he induced labor before the baby had descended to her pelvis, failed to timely repair her bladder and the uterine rupture, failed to ensure hemostasis before closure during the surgeries, and failed to timely respond to notifications regarding Blevins’s severe blood loss while in recovery.

The jury awarded more than $2.4 million. After a reduction of the plaintiff’s non-economic damages, the court entered judgment for more than $1.7 million.

Plaintiff counsel: AAJ member Charles M. Merkel III, Clarksdale, Miss.; and Kenneth Mayfield, Tupelo, Miss.