Ohio jury awards over $2 million to family of woman who died following common surgery
Key Takeaways
An Ohio woman died due to complications following a hernia surgery.
The woman’s family alleged that the treating surgeon failed to monitor for signs of complications, leading to her death.
A jury ruled in favor of the family and awarded them over $2 million.
The family of Judy Helen Collins, who died of complications following a hernia surgery in 2019, has been awarded over $2 million in a medical malpractice and wrongful death case against the treating surgeon.[] The October 24, 2024 verdict came after more than 3 days of jury deliberation and 2 weeks of trial. The payout to Collins’ family includes $500,00 for pain and suffering; $500,000 for loss of consortium; $700,000 for wrongful death; and over $363,00 for medical bills.[]
Collins underwent hiatal hernia repair surgery at Bethesda North Hospital in Montgomery, OH, in September 2019.[] Surgeon Robert Bradley, MD, performed the surgery. Collins began experiencing complications on September 21, 2019.[] According to the complaint, however, Dr. Bradley failed to recognize these symptoms and failed to order a CT scan recommended by a radiologist.
This lack of action allegedly led to a delay in Collins’ treatment. Although Collins eventually received emergency surgery, she passed away on November 28, 2019, 68 days after she began experiencing complications. She was 73 years old.
The malpractice case
Collins’ family initially sued Bethesda North Hospital, Dr. Bradley, treating radiologist Sean Litherland, MD, radiology group TriState IMG, and TriHealth Surgical Institute.[] Charges against Bethesda North Hospital were dismissed before trial.[]
After 2 weeks of trial, a Hamilton County, OH, jury found Dr. Bradley and TriHealth Surgical liable for Collins’ death and dismissed all charges against Dr. Litherland and TriState IMG.[] Collins’ surviving family members were awarded $2,063,255.51.
In a statement, a lawyer for the family, John O’Neil of Elk + Elk law firm, said, “This was a very difficult case, as the physician argued that the tests were completed properly and that the complication was identified in a timely manner, with the appropriate surgery performed ... We are incredibly appreciative of the judge and court personnel for their professionalism and of the jury for their time and attention to this matter.”
Representatives of Dr. Bradley and TriHealth Surgical have not commented on the verdict.[]
Hiatal hernia repair surgery and complications
Hiatal hernia surgery can be complex. Since hiatal hernias cause the stomach to push through the diaphragm, surgical repair can affect the surrounding organs.
Steven Shamah, MD, Director of Endoscopy at Lenox Hill Hospital in New York, explains more about the hiatal hernia repair procedure: “First, the diaphragm is widened, and then the stomach is pulled down back into the abdominal cavity. The crura, or diaphragm opening, is then sutured closed, and sometimes a mesh net is placed to prevent the stomach from moving upward again.”
Severe compilations, such as esophageal perforation, dysphagia, CO2 retention, internal bleeding, and cardiovascular injuries, can occur.
“These are not easy or light surgeries,” Dr. Shamah says. “Sometimes the repair or closure is closed too tight or the mesh causes a narrowing in the esophagus, which can cause difficulty [with] swallowing reflux and regurgitation. There is also an 8% to 26% chance that the repair does not hold, and then the original symptoms may recur.”
Hiatal hernia surgery is, however, considered a safe procedure. Elective hiatal hernia repair surgeries have a mortality rate of 1.3%, and emergency hiatal hernia surgeries have a mortality rate of 8%.[] To reduce the risk of mortality, it’s vital for physicians to stay alert and monitor for complications and reherniation.
“Early signs of reherniation potentially include heartburn, regurgitation, and swallowing trouble,” Dr. Shamah says. “Catching symptoms early helps [doctors] act quickly and diagnose the reherniation with barium swallow and/or upper endoscopy. At the point of diagnosis, the patient can decide to be reoperated [on] to repair the hernia or manage with diet, lifestyle, and medications.”
Repeated surgeries are sometimes needed, and these operations can be difficult for patients and surgeons.
“Surgery is necessary if symptoms persist, but surgery as a repeat operation can be difficult,” Dr. Shamah tells MDLinx. “In some cases … you can potentially work in minimally invasive surgical options you have used as an effective solution for symptom relief.”
What this means for you
Surgical complications can be severe and even fatal. Monitoring patients closely after any surgery is always vital. In the case of Judy Hellen Collins, the deceased patient’s family alleges that a lack of careful monitoring resulted in her death, and that her treating physician was both negligent and liable. Similar surgery-related malpractice cases have been filed across the country. There’s no 100% effective way to predict and prevent the chance of a malpractice case being brought against you, but following best practice steps, including careful postoperative monitoring, can reduce risks while increasing patient safety.