Michigan Teacher Awarded $2.5M After Failed D&C

Share:

Jury decides the injury she sustained could have been avoided.


At a recent press conference to announce the $2.5 million verdict she had just been awarded, Amy Garcia smiled and thanked the jury for its hard work and deliberation. She couldn't have predicted the jovial scene 5 years ago, when a failed dilation and curettage left her with a ileostomy bag and questions about who caused the injury that ruined her teaching career and jeopardized her chance to become a mother for the second time.

In 2007, Ms. Garcia, then 27 years old, miscarried 14 weeks into a pregnancy. Her OB/GYN physician, Norman Gove, MD, scheduled a subsequent D&C at St. Joseph Mercy Hospital in Ann Arbor, Mich. Dr. Gove ordered the dilation of Ms. Garcia's cervix to begin the night before surgery, court records state, but discovered the dilation was unsuccessful the next morning.

Dr. Gove let a surgical resident expand Ms. Garcia's cervix in an attempt to perform the procedure as planned. As the surgery progressed, the resident perforated the uterus. Dr. Gove then took control of the surgery, but the ring forceps he inserted into the uterus went through the perforation and inadvertently grabbed the rectum, tearing the top half of the rectum and a portion of the bowel.

A rectal surgeon was called in to repair the damage and finish the procedure, which resulted in Ms. Garcia requiring an ileostomy and ileostomy bag. The ileostomy was eventually reversed, but the injury left Ms. Garcia unable to return to full-time teaching, according to the lawsuit.

"Fortunately, I was able to have 2 children since this happened," said Ms. Garcia during the post-verdict press conference. "I was lucky in that regard."

She contended in the lawsuit that once the perforation occurred, Dr. Gove should have used ultrasound guidance to identify the defect and avoid causing the injury she suffered. Dr. Gove countered in his defense that Ms. Garcia's injury was an expected risk of the procedure, she was informed of that risk prior to surgery and ultrasound would not have helped prevent the mishap.

Ms. Garcia was also reportedly unaware that a resident, not her treating physician, was the one who created the perforation that led to the adverse outcome.

"I didn't find out a resident was involved until after (my attorney) started getting medical records," said Ms. Garcia. "I was never informed that a resident had any part in this."

She said patients have the right to say whether they prefer to have a resident work on them. "I understand that residents have to learn, but I don't want them learning on me."

A St. Joseph Mercy spokeswoman did not respond to a request for comment.

Daniel Cook

Related Articles