WYANDOTTE COUNTY, KANSAS. DEFENSE VERDICT.

The Plaintiff was a 73-year-old patient with a history of retcal cancer and colostomy placement underwent a parastomal hernia repair, a ventral incisional hernia repair, and open left inguinal hernia repair performed by Defendant. Polyester mesh was utilized for the parastomal and ventral hernias.  On March 2, 2016 the patient was discharged home with an order for home health nursing assistance for wound dressing and packing. On March 10, 2016, the patient presented to Defendant for his first outpatient follow-up. Examination discovered that the patient’s ostomy appliance was poorly approximated and was actively leaking stool into the open midline wound. The facia at that location had also pulled apart for a distance of 4 cm and the mesh was exposed. The wound was cleaned and packed it with fresh gauze. In the months that followed the patient received additional wound care and went on to have ongoing wound healing related issues. The patient’s wound issues were alleged to have continued through and past his last contact with Defendant on October 20, 2016. Ultimately, on December 29, 2017, the patient underwent a surgery to address an unrelated small bowel obstruction and the contaminated abdominal mesh was removed. The wound issues resolved following this surgery, although the patient’s pre-operative abdominal hernias eventually returned.  At trial Plaintiff sought $200,000 in damages for pain, suffering, and loss of enjoyment of life. Following an hour and ten minutes of deliberation the jury returned a defense verdict in favor of the Defendant.