March 4, 2008

James Grohmann  was successful in defending a surgeon in a medical malpractice case in Lexington, Kentucky.  Plaintiff alleged that a sponge was left by the surgeon after an appendectomy procedure.  The sponge was not discovered until after plaintiff had become pregnant.  Surgery was performed by another physician to remove the sponge while plaintiff was pregnant.  One week later plaintiff went in to pre-term labor and delivered a non-viable infant.  Plaintiff sought more than $2,000,000.00 when the case was presented to the jury.  Grohmann presented evidence that the surgeon was informed of a correct sponge count twice by hospital personnel at the time of the appendectomy procedure.  Expert evidence was presented from several doctors that plaintiff’s pre-term delivery was caused by a placental abruption, not the surgery to remove the sponge.  The jury returned a verdict finding no fault with the surgeon.