April 16, 2010
James Grohmann and Brittany Asher successfully defended a Louisville surgeon in Jefferson Circuit Court. Plaintiff alleged that a sponge was left by the surgeon during a 1989 procedure. The sponge was removed after it was discovered on x-ray in 2008. Plaintiff sought damages for nineteen years of pain and suffering and medical expenses associated with the removal of the sponge. Grohmann and Asher defended on the grounds that the surgeon acted appropriately in relying on the nursing staff’s representation of a correct sponge count, thus avoiding the increased risk of infection and injury to internal organs that would result from a prolonged manual search of the abdominal cavity.