Bomkamp, Power Morcellator & Personal Injury: A recent case in the United States District Court, S.D. Ohio, Western Division ruled on an appeal of the lower court’s affirmation of the constitutionality of a Wisconsin statute.
The Bomkamp, Power Morcellator & Personal Injury case documents what the patients – in this case a child – may face when the surgical team does not have any training on the use of a surgical device – a power morcellator – and the tragic effect it may have on the patient – profound and permanent brain damage.
The court’s ruling: the Court affirmed the lower court’s ruling.
A brief summary of the facts include:
- Shelbey Bomkamp, a minor, and her parents, Margaret and Douglas Bomkamp, settled their medical malpractice lawsuit against pediatric surgeon Dr. Leonard Go. The circuit court dismissed the Bomkamps’ challenges to the constitutionality of Wis. Stat. § 655.015 (2009-10), which requires the settlement to be paid into a future medical expense account administered by the Wisconsin Injured Patients and Families Compensation Fund.
- For the following reasons, we affirm the order of the circuit court.
- Six-year-old Shelbey underwent an elective splenectomy.
- For the first time in his career, Dr. Go used a surgical device called a “morcellator “during the procedure. He never had seen a morcellator used or received any training or instruction in its use. During Shelbey’s surgery, the morcellator damaged major blood vessels, leading to massive blood loss, cardiac arrest and brain anoxia. Shelbey suffered profound and permanent brain damage.
- The parties settled the case for $17.3 million. Pursuant to the minor settlement and Wis. Stat. § 655.015, $8,204,327 was paid into a future medical expense account administered by the Fund.
- As medical expenses arise, the Bomkamps must submit them to the Fund for reimbursement.
- The Bomkamps contended the statute violates their rights to equal protection, due process and to a jury trial, and constitutes an uncompensated taking of property. The trial court dismissed the Bomkamps’ challenges to the statute’s constitutionality.
- The Bomkamps appeal, raising the same issues.
To find out more on the case, see Case No. 2010AP1696 – May 18, 2011.
UTERINE SURGERY|POWER MORCELLATORS|UTERINE CANCER
Power morcellator’s have may also be connected to uterine cancer. During laparoscopic surgery (laparoscopic uterine surgery, e.g., hysterectomy, myomectomy, fibroids), a power morcellator may have been used to remove the symptom causing fibroids in the uterine area and other non-cancerous growths or tumors.
But, if a power morcellator has been used during a laparoscopic surgery (laparoscopic uterine surgery) and there are cancerous cells already present, the power morcellator may exacerbate or help spread the cancerous cells, growth or tissue.
This unfettered spreading of the cancerous cells may lead to the development of cancer, particularly uterine cancer.
For more on power morcellators and cancer (uterine surgery (hysterectomy & myomectomy) uterine cancer), please follow this link: Power Morcellators.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have undergone surgery and suffered a personal injury (e.g., medical errors and others), and believe that the power morcellator was used during the surgical procedure, let our power morcellator lawyers investigate your claim to determine if you can file a power morcellator lawsuit. To talk to a power morcellator lawyer about a power morcellator lawsuit, please contact our office at 1.844.329.5955.
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