August 18, 2004

A Louisville surgeon performed a kidney transplant and removed a peritoneal dialysis catheter.  Six years later, after years of the patient suffering abdominal pain, a CT scan revealed a mass in her abdomen which turned out to be part of the dialysis catheter cuff, left inside the patient from earlier.  The Plaintiff alleged negligence in leaving the cuff inside, but the defense, led by Donald Brown, argued that the retention was a relatively common surgical risk, most often not presenting the patient with injurious consequences.  The Jefferson County jury concurred, awarding no damages to the Plaintiff.