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Defense: Possibility of urethra injury was on consent form

Type:

Verdict-Defendant

State:

Georgia

Venue:

Cobb County

Court:

Cobb County, State Court

Injury Type(s):

other-penile stricture; urological-penis; urological-sexual dysfunction (erectile dysfunction)

Case Type:

Medical Malpractice – Nurse, Negligent Treatment

Case Name:

Russel Baker and Elizabeth Baker v. WellStar Health System Inc., individually and d/b/a Wellstar Kennestone Hospital,
No. 09A5169-6

Date:

December 9, 2013

Parties

Plaintiff(s):

Russell Baker (Male, 35 Years), 

Elizabeth Baker (Female)

Plaintiff Attorney(s):

Matthew C. Flournoy;
Flournoyo Law Firm;
Marietta,
GA,
for
Russell Baker, Elizabeth Baker ■ Jason R. Manton;
The Manton Law Firm, LLC;
Cumming,
GA,
for
Russell Baker, Elizabeth Baker

Plaintiff Expert(s):

Polly Zimmerman;
RN;
Emergency Nursing;
Chicago,
IL called by
Matthew C. Flournoy, Jason R. Manton ■ Michael Siroky;
M.D.;
Urology;
Boston,
MA called by
Matthew C. Flournoy, Jason R. Manton

Defendant(s):

WellStar Health System Inc.

Defense Attorney(s):

Henry D. Green Jr.;
Green & Sapp, LLP;
Atlanta,
GA,
for
WellStar Health System Inc. ■ Daniel J. Moriarty;
Green & Sapp, LLP;
Atlanta,
GA,
for
WellStar Health System Inc.

Defendant Expert(s):

Brad Lerner;
Urology;
Baltimore,
MD called by
Henry D. Green Jr., Daniel J. Moriarty ■ Steven Furman;
Peri-Operative Nursing;
Richmond,
VA called by
Henry D. Green Jr., Daniel J. Moriarty

Facts:

In 2007 plaintiff Russel Baker, 35, a Maytag repairman, was injured on the job. As a result of his injury, he required a surgical procedure to remove a portion of the vertebral bone that was applying pressure on his spine. In July 2007, Baker was admitted to Kennestone Hospital to undergo the laminectomy procedure. In preparation for the surgery, a nurse inserted a Foley catheter through his penis and into his bladder to drain his urine output during the procedure. Following the surgery, Baker awoke with severe pain in his genitals, which he claimed was not relieved with morphine and, despite medical treatment, was unrelenting. Baker and his wife, Elizabeth Baker, sued WellStar Health System Inc., individually and d/b/a Wellstar Kennestone Hospital for medical malpractice. They alleged that the Foley catheter, which is normally held in place by inflating a balloon at the end after insertion, was not properly placed by the nurse. Plaintiffs said this caused the balloon to be inflated in the penis, instead of the bladder, and resulted in permanent damage to Mr. Baker’s urethra. WellStar contended that there was no permanent injury. WellStar also argued that the underlying urethral injury was a known complication of an indwelling catheter, which was outlined on the consent form signed by Mr. Baker.

Injury:

Russel Baker claimed irreparable nerve damage to his penis due to the negligent placement of a catheter during preoperative preparation. He claimed permanent pain and erectile dysfunction, which interfered with his marital relations. Elizabeth Baker sought damages for loss of consortium. Both plaintiffs testified that Mr. Baker was unable to perform sexually after the surgery. The newly married couple claimed they had previously engaged in sexual activities on a daily basis, sometimes up to three times a day.

Result:

The jury rendered a defense verdict.

Trial Information:

Judge:

Toby Prodgers

Trial Length:

6
 days

Trial Deliberations:

90
 months

Jury Composition:

12-member panel; 5 men/ 7 women/ with two alternates.

Editor’s Comment:

This report is based on information that was provided by defense counsel, court records and an article published by the Fulton County Daily Report. Plaintiffs’ counsel did not respond to a request for comment.