$4 Million Jury Verdict in Urethral Dilation Injury that Lacked Informed Consent

Jeanette Olken underwent successful self-catheterization procedures fter undergoing implantation of a sling to treat urinary incontinence. When she later experienced difficulty self-catheterizing, she went to a hospital emergency room.

Olken, 55, saw an emergency department physician and nurse who unsuccessfully attempted to catheterize her.

Dr. Joseph Zajac, a urologist, attempted to dilate Olken’s urethra using a metal sounds dilator. Dr. Zajac tore Olken’s urethra and vagina, and he disrupted the newly implanted sling.

As a result of these injuries, Olken suffered painful bladder spasms, which necessitated implantation of a metal stimulator. In addition, she experiences bladder and bowel incontinence.

Olken sued Dr. Zajac, alleging that he chose not to obtain informed consent for the dilation procedure, decided not to investigate the cause of her catheterization difficulties before ordering the procedure and used excessive force when handling the metal sounds dilator. The lawsuit did not claim lost income.

The jury signed a verdict for $4 million.

The attorney successfully handling this case was Adam Deutsch.

Olken v. Zajac, No. 63466/17 (N.Y. Sup. Ct. Westchester County).

Kreisman Law Offices has been handling medical negligence lawsuits, hospital negligence cases, misdiagnosis lawsuits, surgery errors, urology errors and nursing home negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Morton Grove, Northlake, Buffalo Grove, Highwood, Lake Bluff, Mundelein, Waukegan, Highland Park, Deerfield, Vernon Hills, Arlington Heights, Rolling Meadows, Hoffman Estates, Rosemont, Schiller Park, Harwood Heights, Cicero, Aurora, Downers Grove, Chicago (Englewood, McKinley Park, Bridgeport, Canaryville, Armour Square, Chinatown, Lower West Side, North Lawndale, East Garfield Park, West Town, West Loop, Fulton River District, Near East Side, Ukrainian Village, Wicker Park, Lakeview, Wrigleyville, Buena Park, Uptown, West Ravenswood, Kimball, Albany Park, Pulaski Park, Sauganash, West Ridge, Little India), Mount Prospect, Prospect Heights, Palatine, Inverness, Streamwood, West Chicago, Carol Stream, Wheaton, Oakbrook Terrace, Hillside and Berwyn, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.