$6.25 Million Settlement in Medical Negligence Action Against Surgeon and Hospital For Negligent Performance of Hiatal Hernia Surgery

The plaintiff went to the hospital emergency room with complaints of chest pain. A workup revealed a hiatal hernia. The hospital on call doctor was consulted. He recommended a laparoscopic repair. The surgery was subsequently performed negligently resulting in three esophageal perforations. Those perforations were not timely discovered and repaired. As a result the plaintiff developed sepsis and multiple infections. He needed many medical procedures and hospitalizations to address these complications. Ultimately, the plaintiff was left with a permanent esophageal stricture. The stricture requires routine dilation and has permanently altered the plaintiff’s ability to eat normally. The claims against the surgeon and hospital were for negligence and vicarious liability. Both denied liability. The case settled before trial for $6.25 million.