Verdicts & Settlements – Medical Malpractice – Anonymous – 2007


This is a medical negligence claim arising out of the defendant surgeon’s medical management of the plaintiff, a 59-year old wife and mother. The plaintiff underwent a laparoscopic Nissen Fundoplication as well as a cholecystectomy by the defendant physician at a local hospital. Postoperatively, she reported an inability to swallow and significant abdominal pain.  Over the course of five days, the defendant physician ignored a number of alarming signs and symptoms and disregarded a radiologist’s interpretation of a key x-ray, thus allowing a portion of the plaintiff’s stomach to die from strangulation and become perforated.

A CT scan was eventually obtained; revealing a large paraesophageal hernia with much of her stomach herniated into the thorax. The plaintiff was sent back to the operating room for revision of the Nissen fundoplication, reduction of the gastric volvulus, excision of a gastric perforation and placement of a gastrostomy tube.  After an extended period of hospitalization, the plaintiff was discharged only to be readmitted two days later with sepsis and persistent left pleural empyema/abscess. She was ultimately transferred to another hospital for further management. She suffered a prolonged hospitalization which was followed by admission to a rehabilitation facility.

Suit was initiated against the defendant surgeon.


As a result of the defendant’s negligence, the plaintiff suffered numerous complications requiring additional surgical procedures and numerous extended hospitalizations. The plaintiff has experienced and will continue to experience severe physical pain, discomfort, and emotional distress. She has incurred extraordinary medical expenses and out-of-pocket costs.


Medical Bills: $729,098.06
Estimated Future Medical Expenses: $896,181.00
Total: $1,625,279.06


The parties reached a confidential settlement after suit was filed but prior to trial.

Plaintiff’s Counsel:

Kevin F. Dugan, Esquire
Jared R. Green, Esquire

Abramson, Brown & Dugan
1819 Elm Street
Manchester, NH 03104

Name of Case/County:

Anonymous County

Date of Injury:


Date of Verdict or Settlement: