June 22, 2017
Tracy Prewitt and Holly Barger successfully defended an OB/GYN in Clark Circuit Court in Jeffersonville, Indiana, against allegations of medical malpractice.
Plaintiff had a rare condition as a child which necessitated the removal of one ovary at age 10. She transferred gynecologic care from a pediatric practice to the Defendant OB/GYN at age 21. Over the next 18 months, Plaintiff had issues with recurrent ovarian cysts despite being properly treated with hormone suppression. Ultimately, she had to have her remaining ovary surgically removed due to ovarian torsion. Plaintiff claimed that she lost her ovary (and her ability to have her own biological children) due to negligence on the part of the Defendant OB/GYN. The medical review panel had found unanimously in her favor and the testimony of all three panel members was presented at trial. Defense counsel presented testimony from an expert ultrasonographer that the ovary was normal during the time the Defendant OB/GYN treated her. Defense counsel also presented testimony from an expert OB/GYN and fertility specialist that the Defendant OB/GYN’s care was appropriate, that other interventions on an otherwise normal ovary would be contraindicated for her, and that she had stopped taking her hormone suppression for three weeks when her injury occurred.
Following a three day trial, the jury entered its unanimous verdict in favor of the OB/GYN Defendant.