Florida Verdicts

Amount:

$208,839

Type:

Verdict-Plaintiff

State:

Florida

Venue:

Palm Beach County

Court:

Palm Beach County Circuit Court, 15th

Injury Type(s):

Case Type:

Medical Malpractice – OB-GYN, Negligent Treatment

Case Name:

Tracy L. Jackson v. Ingrid L. Isdith, D.O., Ingrid L. Isdith, D.O., P.A., a Florida Professional Association, Seth J. Herbst, M.D., P.A., a Florida Professional Association, and Institute for Women’s Health & Body of Boynton Beach, PL, a Florida Professional Limited Liability company,
No. 50-2013- CA-2457 MB AJ

Date:

March 12, 2014

Plaintiff(s):

Tracy L. Jackson (Female, 46 Years)

Plaintiff Attorney(s):

Wallace B. McCall;
Cohen Milstein Sellers & Toll PLLC;
Palm Beach,
FL,
for
Tracy L. Jackson

Plaintiff Expert(s):

Richard Strassberg;
M..D.;
OB-GYN;
Miami,
FL called by
Wallace B. McCall

Defendant(s):

Ingrid L. Isdith, 

Seth J. Herbst, M.D., P.A., 

Ingrid L. Isdith, D.O., P.A, 

Institute for Women’s Health & Body of Boynton Beach

Defense Attorney(s):

Joshua M. Bloom;
Lubell Rosen, LLC;
Fort Lauderdale,
FL,
for
Ingrid L. Isdith, Seth J. Herbst, M.D., P.A., Institute for Women’s Health & Body of Boynton Beach

Defendant Expert(s):

James Greenberg;
OB-GYN;
Boston,
MA called by
Joshua M. Bloom

On July 21, 2011, plaintiff Tracy Jackson, an unemployed 46-year-old woman, presented to obstetrics and gynecology physician Ingrid Isdith in Wellington for placement of a Mirena intrauterine device in her uterus for birth control. Jackson began experiencing severe pelvic and abdominal pain shortly after the IUD was implanted. On July 26, she underwent surgical removal of the IUD. She claimed she experienced uterine pain for three months. Jackson sued Isdith for medical malpractice. She also sued Isdith’s employer, the Institute for Women’s Health & Body of Boynton Beach, PL, and its owner, Seth Herbst, claiming they were vicariously liable for Isdith’s negligence. Jackson’s obstetrics and gynecology expert testified that the wall of Jackson’s uterus was perforated during Isdith’s insertion of the IUD, causing the device to migrate under Jackson’s liver. He further testified that it was below the standard of care to perforate Jackson’s uterine wall. The defense’s obstetrics and gynecology expert testified that a uterine perforation was a known complication of an IUD insertion. He further testified that the IUD escaped Jackson’s uterus at a later time and not during the insertion.

Jackson underwent emergency surgery on July 26, 2011, to remove the IUD. She was discharged on July 29. She continued to complain of severe pain and was rehospitalized the next day and treated for her pain symptoms. She was discharged on July 31. Jackson claimed she suffered debilitating pain that felt as if someone had poked a hole inside her uterus without anesthesia. She claimed she was bed-ridden for three weeks after her surgery to remove the IUD. She claimed it took three months before she was fully recovered and free of pain. She claimed she was very active in sports before the incident but was unable to participate in sporting activities during her recovery. She also claimed her husband was ill during the time she was recovering and she was unable to take care of him. Jackson sought to recover damages for past medical costs and past pain and suffering. Defense counsel argued that Jackson recovered well from surgery with no residuals.

The jury found that there was negligence on the part of Isdith that was a cause of injury to Jackson. It determined that Jackson’s damages totaled $208,839.

Tracy L. Jackson: $150,000 Personal Injury: Past Pain And Suffering; $58,839 Personal Injury: medical costs

Judge:

Timothy P. McCarthy

Trial Length:

5
 days

Trial Deliberations:

3
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.