Patient's Family Wins $7M Verdict in Fatal Bowel Perforation Suit

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Hysterectomy led to undiagnosed complication, months of suffering.


The family of a patient whose seemingly routine hysterectomy resulted in a perforated bowel, post-op complications and death has been awarded $7 million in damages by a North Carolina jury, which found the surgeon who performed the procedure solely responsible for the complications.

Victoria Lynn Harmon, 54, underwent a total transvaginal hysterectomy at Lake Norman Regional Medical Center in Mooresville, N.C., on June 7, 2007. According to court reports, surgeon Susan Lovejoy Roque, MD, assessed the surgery as routine and discharged Ms. Harmon the following day.

A few hours later, though, Ms. Harmon was readmitted to the hospital for evaluation after presenting at the emergency room with severe abdominal pain. Despite Dr. Roque's additional treatments, Ms. Harmon's condition worsened.

On June 10, she was transferred to the ICU. Another surgeon, David Lawrence Gish, MD, ordered a diagnostic laparoscopy, during which he discovered and repaired a perforation of Ms. Harmon's sigmoid colon. The repair failed to improve her condition, however. She suffered septic shock, organ failure and other resulting complications, and ultimately died on Sept. 24.

In the lawsuit, Ms. Harmon's family cited Dr. Roque's negligence in failing to recognize that she'd punctured the colon and in discharging a patient whose bloodwork and vital signs showed risky abnormalities. Both Dr. Roque and Dr. Gish, the lawsuit argued, had failed to correctly diagnose or treat the complications for more than 3 days. The suit sought $8.2 million in damages.

The physician defendants countered that they'd followed proper medical procedures and provided the appropriate patient care at all times. The jury disagreed with Dr. Rogue's argument, finding her solely responsible for Ms. Harmon's injuries and death. But the jury cleared Dr. Gish of liability in their May 27, 2011, verdict.

Attorneys for the 2 sides did not immediately return requests for comment.

David Bernard

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