Carolinas Verdicts

Amount:

$2,000,000

Type:

Verdict-Plaintiff

State:

North Carolina

Venue:

Lenoir County

Court:

Lenoir County, Superior Court

Injury Type(s):

Case Type:

Medical Malpractice – Surgical Error, Failure to Detect

Case Name:

Dorothy Tyndall v. Michael C. Stoner,
No. 10 CVS 425

Date:

December 27, 2013

Plaintiff(s):

Dorothy Tyndall (Female)

Plaintiff Attorney(s):

Roger L. Young;
Young Law Firm;
Wilmington,
NC,
for
Dorothy Tyndall

Defendant(s):

Michael C. Stoner

Defense Attorney(s):

David D. Ward;
Cranfill, Sumner & Hartzog;
Raleigh,
NC,
for
Michael C. Stoner ■ Pankaj (P. K.) K. Shere;
Cranfill, Sumner & Hartzog;
Raleigh,
NC,
for
Michael C. Stoner

On May 15, 2007, plaintiff Dorothy Tyndall presented to a local hospital with a non-functioning right kidney and vascular disease. She was life-flighted to a tertiary center because she was symptomatic and required emergent abdominal aortic surgery. The surgery was performed by Dr. Michael Stoner. During the surgery, Tyndall had significant bleeding and inflammation, necessitating the use of sutures, cautery and surgical clips to stop the bleeding. Two surgical clips were placed around the area of the left ureter. After the surgery, Tyndall had acute tubular necrosis (ATN), which did not resolve until approximately a month later. At that time, the two surgical clips were discovered on or around the left ureter. As a result, Tyndall required a nephrostomy tube. She eventually lost the use of her left kidney, requiring dialysis. Tyndall sued Stoner for medical malpractice. Tyndall contended that Stoner erred by mistakenly clipping Tyndall’s left ureter and then failed to consider a ureteral obstruction as an explanation for ATN during the immediate postoperative period. Stoner claimed that during the surgery Tyndall experienced internal bleeding, which required the use of surgical clips, about the size of paper staples, to seal off bleeding vessels. Stoner admitted that he placed the clips on the ureter,but contended this was a known surgical risk. Defense counsel contended that, although regrettable, the injury to an adjacent structure, namely the ureter, by surgical clips during an emergent abdominal aortic aneurysm repair is a known risk and was not malpractice.

Tyndall suffered from vascular disease that already left her with a non-functioning right kidney and a poorly functioning left kidney at the time of her admission to Pitt County Memorial Hospital for the vascular surgery that resulted in the malpractice claim. At that time she was suffering pain from an aortic aneurysm, an enlargement of the body’s main blood vessel that, if left untreated, can lead to a fatal rupture. She was life-flighted to Pitt County for surgery to repair her aorta. Stoner performed the emergency surgery, but at the completion of the procedure, Tyndall was sewn up with two of the surgical clips left on the ureter that led to her functioning left kidney. The remaining clips caused a permanent obstruction of urine flow that wasn’t discovered for eight weeks. Treating physicians decided that a surgical repair of the damage would be too risky, given the patient’s overall health status. Instead, they installed a permanent artificial tube to drain urine directly from Tyndall’s kidney into an external collection bag, a procedure that increases the risk of kidney infections. Between the surgery and trial, Tyndall was admitted to hospitals 21 times for treatment of kidney infections and required treatment by oral antibiotics at home 38 times. Tyndall also alleged that the infections contributed to the decline of her kidney function and contributed to the onset of dialysis in April 2012.

The jury found that Stoner’s malpractice was the proximate cause of Tyndall’s injuries. It determined that her damages totaled $2 million.

Judge:

Charles Henry

Trial Length:

3
 weeks

Trial Deliberations:

1.25
 hours

Jury Vote:

12-0

This report is based on information that was provided by plaintiff’s and defense counsel.