Woman Obtains Jury Verdict Victory for Missing IUD/Medical Malpractice Case- $488,157.00

Jury Verdict in Plaintiff Favor - 1/16/2017

Stephanie Carr of Green County had a birth control intrauterine device (IUD) implanted into her body in early 2005. Only a month later, a pelvic ultrasound was unable to locate the IUD and her doctors stated that it had been expelled from her body; this was contradictory to her own statements. Despite the missing IUD, no abdominal ultrasound or additional testing was used.

In both 2009 and 2011, Carr suffered miscarriages. Before 2005, she had successfully carried two children to term. In 2013, she switched to another medical provider, who decided to conduct an abdominal ultrasound. This ultrasound, some eight years later, located the IUD within her abdomen, far away from where it had been implanted. It is worth noting that after the IUD’s removal, she was able to have another healthy pregnancy that was carried to term.

She brought a lawsuit against Ferrell-Duncan OBGYN Clinic for personal injury and wrongful death of her unborn fetuses caused by their decision to not perform any additional testing or ultrasounds over the course of several years, despite her open concerns about the missing IUD. The defense counsel contested Carr, expert witnesses, and Attorneys Johnson, Vorhees, and Scholfield-Johnson of Johnson, Vorhees & Martucci at every step. It was able to challenge the wrongful death claims by citing its own expert testimonies that believed there was no link between the missing IUD and the miscarriages. Attorney Johnson has already begun plans to appeal that portion of the decision.

The case was able to close with a jury award of $488,157 given to Carr for noneconomic damages.

Jury Sides with Woman in Medical Malpractice Case- $2,780,300.00

9/26/2016

In a recent medical malpractice case involving bowel obstruction, the jury sides with the woman and a large verdict is won on her behalf.

Court: Greene County Circuit Court

Linda Moody, Robert Moody v. Cox-Monett Hospital Inc., Scott Freeland, M.D., St. John's Clinic in Monett, Anjum Qureshi, M.D.- $402,853.00

11/1/2011

Lead Attorney: Roger A. Johnson

Plaintiff suffered a large bowel obstruction that led to a colostomy, open wound & three additional surgeries.

Case Summary:

Rural jury awards med-mal plaintiff

Woman argued early warning signs missed

A southwest Missouri woman has won her medical malpractice case against a hospital and a doctor.
A Barry County jury on Nov. 1 awarded $402,853 to Linda Moody, the patient, and her husband, Robert Moody. The defendants jurors found liable for the verdict are Cox Monett Hospital Inc., in Monett, and that hospital's Dr. Scott Freeland. The jury found in favor of the other defendants, St. John's Urgent Care in Monett and that facility's doctor, Anjum Qureshi.
The case centered on the lack of an early diagnosis of the symptoms of diverticulitis, a condition that can develop when pouches form on the walls of the intestines.
Roger Johnson, the Joplin-based attorney for the Moodys, said a timely diagnosis during the early stages, when there was only a partial bowel obstruction, would have prevented complications during surgery, when the bowel was fully obstructed. The plaintiffs argued there were enough warning signs for a doctor to have ordered a CT scan and colonoscopy and consulted with a specialist.
The defendants argued they met the standard of care, Johnson said, and that even if the doctor had ordered the tests, the outcome wouldn't have changed.
Johnson gave the following account of the events leading up to the lawsuit:
Linda Moody on Oct. 24, 2007, arrived at St. John's Urgent Care clinic in Monett, complaining of constipation, abdominal pain, nausea, vomiting and abnormal bowel movements. Qureshi saw her at the clinic, prescribed her an antispasmodic medication and a laxative and sent her home.
On Oct. 27, 2007, Moody arrived at Cox Monett Hospital with not only the previous symptoms, but also more severe abdominal pain, an elevated heart rate and rapid breathing. Freeland was the treating doctor in the emergency room, and the blood work he ordered showed an elevated white blood cell count, among other things. Freeland then ordered an X-ray, which revealed dilation of the transverse colon and the thickening of the ascending colon. He sent Moody home with pain medicine and recommended she visit her primary care doctor.
On Nov. 2, 2007, Moody had a CT scan at Cox Monett and the test showed a large bowel obstruction. She went into emergency surgery, and the surgeon found a dilated colon, a blood supply that had been compromised and an inflamed sigmoid colon. The surgeon couldn't resect the part of the colon that was obstructed and had to perform a colostomy. The colostomy eventually failed, and Moody had to return to emergency surgery. The colorectal surgeon left a wound open because the tissue was dying and infected.
The case was mediated before trial. During mediation, Cox Monett and St. John's offered a collective $100,000, plus a waiver of Moody's medical bills with Cox Monett, or $125,000 and no waiver. But the plaintiffs demanded $150,000 plus forgiveness of the medical bills.
Johnson said attorneys for Cox Monett after mediation were willing to contribute to a joint settlement of $125,000 - $75,000 from Cox Monett and $50,000 from St. John's - plus the waiver of bills, but St. John's was unwilling.
The breakdown of the $402,853 verdict was $52,853 for past medical damages, $250,000 for past non-economic damages, $50,000 for future non-economic damages and $50,000 for loss of consortium.
The jury allocated 100 percent of the fault to Cox Monett and Freeland, and the jury found in favor of defendants St. John's and Qureshi.
"Obviously, we were pleased the jury confirmed the care delivered at St. John's Urgent Care was proper," said Frank Evans, the attorney for St. John's.
David Overby, an attorney for Cox Monett and Freeland, said that in medical malpractice trials, "no one should be shocked when they lose," particularly because they are working with jurors who lack a medical background and the case can easily go either way.
Also, he said, "you don't try a case where there's no question what the outcome is going to be."
Johnson said the verdict showed that the early medical care was inadequate.
"The jury recognized that a wrong was done to this nice lady that should have been prevented, had the doctor paid attention to the warning signs that existed in the hospital," he said.

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