Michael Dailey and Joseph Klausing successfully defended a prominent urogynecologist against allegations of medical negligence stemming from the performance of a major pelvic reconstructive operation to address significant organ prolapse. Plaintiff’s theory of liability centered on the salpingectomy (or fallopian tube removal) aspect of the larger procedure claiming the Defendant failed to isolate and dissect out the entirety of the tubes culminating in dysfunction and the need for further surgery.
Dailey and Klausing defended the physician’s care by arguing that distorted anatomy at initial presentation made further dissection too risky relative to the expected benefit. With additional information gained only post-operatively, tubal remnants must have remained at the time of the original operation but were hidden within scar tissue. The physician’s care was supported by a world-renowned Ivy-League physician specializing in pelvic floor reconstructive surgery. After considering the case, the jury unanimously agreed with Dailey and Klausing in returning a verdict for the defense.