Ureter damage during hysterectomy
A 43-year-old woman underwent a hysterectomy, performed by her gynecologist. She had a history of multiple sclerosis but was in remission at the time of the operation. The woman sued the gynecologist claiming that during the procedure he injured her ureter and this required additional surgery which she claimed caused permanent incontinence. Had the gynecologist performed the initial operation properly, she alleged the second operation would not have been necessary and would not have caused the permanent injury.
The gynecologist denied any error during the hysterectomy and argued that kinking caused the need for the second operation, and the resulting incontinence was due to the pre-existing multiple sclerosis.
THE VERDICT: After deliberating 2 hours at the conclusion of a 4-day trial, a $700,000 verdict was returned. This award included $500,000 economic damages, and $200,000 non-economic damages.