1.2 Million For Medical Battery in Removal of Both Ovaries; Fief v. Woman’s Health Institute, Ltd.

A 36-year-old nurse was seen by the defendant obstetrician Larry Overcash, M.D. The physician was alleged to be negligent in performing a bilateral removal of both of Ms. Fief’s ovaries. She had consented to removal of only one ovary. However, at the Peoria Day Surgery Center, both of the Fief’s ovaries were removed by Dr. Overcash, who also perforated her colon during the surgery. The perforation of the colon led to several other hospitalizations and medical expenses in excess of $200,000.

The jury’s verdict of $1.2 million against both Dr. Overcash and Woman’s Health Institute, Ltd. was made up of the following damages:

• $1,050,000 on the negligence claim which included $300,000 for past and future pain and suffering;
• $500,000 for past and future loss of normal life;
• $250,000 for medical expenses; and
• $150,000 was for medical battery because of the wrongful surgery in removal of both ovaries plus $150,000 for pain and suffering from the removal of the unnecessary surgery removing the right ovary.

The attorney for Ms. Fief was James P. Ginzkey. The offer of the defendants before trial was zero. The jury was asked to return a verdict in the range of $800,000 to $1,200,000.

Sheri Fief v. Larry F. Overcash, M.D. and Woman’s Health Institute, Ltd., 07 L 339 (Peoria County).

Kreisman Law Offices has been medical negligence and birth injury cases for individuals and families for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Bridgeview, Bedford Park, Chicago (Midway), Geneva, Joliet, Lincolnwood, Mundelein, Oak Lawn, Round Lake Beach, Niles and St. Charles, Ill.