September, 2014

Gerald Toner successfully defended an OB/GYN during a two week trial in Jefferson County Circuit Court. Plaintiff accused the OB/GYN of performing an unnecessary surgery to remove an ovarian mass. The mass in Plaintiff’s pelvis was perceived on palpation and by ultrasound as a large right ovarian cyst. Upon surgical evaluation, the mass was revealed to be the Plaintiff’s diseased bladder. Toner defended the gynecologist by submitting that all reasonable preoperative diagnostic studies were performed prior to the surgical evaluation. Once the large mass was discerned to be a diseased bladder, the gynecologist appropriately consulted two urologists to treat the concerning appearance of Plaintiff’s bladder. The defense theory was supported by two Board-certified OB/GYNs and a Board-certified radiologist. The jury agreed and returned with a favorable verdict in less than an hour.