June 22, 2017
In June 2017, Tracy S. Prewitt and Holly S. Barger successfully defended an OB/GYN in Jeffersonville, Indiana, against allegations of medical malpractice. The patient 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 OB/GYN at age 21. Over the next 18 months, the patient 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 OB/GYN. Prewitt and Barger presented testimony from an expert ultrasonographer that the ovary was normal during the time the OB/GYN treated her. They also presented testimony from an expert gynecologist and fertility specialist that the OB/GYN’s care was appropriate and 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 returned its unanimous verdict in favor of the OB/GYN.