February 18, 2005
After undergoing a gastric bypass surgery, a patient soon noticed abdominal pain. An x-ray and CT scan revealed that a surgical sponge had been left inside her abdomen, and an infection followed. The physician, at the time of the surgery, had known the sponge count was off and therefore took multiple x-rays, all of which reported no sponge. This was sufficient evidence to convince him that the nurses had simply miscounted. Though the Plaintiff charged the doctor with undue negligence, the defense argued that the doctor’s assumption of a miscount was reasonable given the facts. James Grohmann argued on behalf of the physician, and a federal jury in Louisville returned a defense verdict for the surgeon.