Marshall L. Schwartz obtained a defense verdict on behalf of a general surgeon in Philadelphia. Plaintiff was 42 when she underwent a laparoscopic ventral hernia repair procedure. Plaintiff alleged that use of the Veress needle, the method used to insufflate the abdomen, was improper due to plaintiff’s prior abdominal surgeries, and that the needle perforated plaintiff’s small bowel. Following the procedure, a bowel perforation was discovered; plaintiff also alleged that the surgeon failed to discover the perforation during the procedure. The defense countered with a “two schools of thought” defense to defend the use of the Veress needle and established that the bowel perforation was a risk of the procedure and would not have been present during the operation. Experts in the field of General Surgery testified. Following a five day trial in Philadelphia County, the jury returned a verdict in favor of the surgeon.
