$500,000 Jury Verdict in Medical Malpractice Case for Negligent Use of Metallic Surgical Staples

Heather Effler was seen at a hospital’s emergency room where she was diagnosed as having an infected urachal cyst. A urachal cyst has been defined as a collection of tissue and fluid between the bladder and the belly button. In most cases, this cyst forms as a remnant of the urachus, a structure normally present in a fetus; the cyst usually closes before birth.

The general surgeon, Dr. Sarkis Aghazarian, performed surgery to remove the cyst. During the surgery, he placed a row of approximately 25 metal surgical staples to close Effler’s bladder dome.

More than two years later, Effler began to bleed and then passed a painful bladder stone. A later cystoscopy showed the presence of additional bladder stones, which then required another laser surgery.

Since the time of the last laser surgery, Effler has suffered intermittent urinary frequency and pain.

She sued Dr. Aghazarian, alleging that he negligently used metal staples instead of absorbable sutures during the first surgery. She also claimed that the doctor’s negligent use of the metal staples led to the formation of her bladder stones. The lawsuit did not claim lost income.

The jury signed a verdict in Effler’s favor in the amount of $500,000. While post-trial motions were pending, the two parties resolved the case in an undisclosed settlement.

The Effler attorney presented an expert in general surgery while the defendant’s lawyer presented another general surgery expert.

The attorney that successfully handled this case for Heather Effler was Dennis F. O’Brien.

Effler v. Aghazarian, No. 24 C 18002670 (Md. Cir. Ct. Baltimore City).

Kreisman Law Offices has been handling medical negligence lawsuits, surgical error cases, nursing home negligence lawsuits, wrongful death cases, brain injury cases and birth injury lawsuits 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 Blue Island, Lansing, Mokena, Orland Hills, Bolingbrook, Naperville, Wheaton, Carol Stream, Bensenville, Mount Prospect, Des Plaines, Lincolnshire, Lake Forest, Libertyville, Barrington Hills, Palatine, Chicago (Logan Square, Wicker Park, West Loop, Near South Side, Chinatown, Greek Town, Lakeview, Ravenswood, Albany Park, West Ridge, Rogers Park, Belmont Cragin, Austin, East Garfield Park, Lawndale, Chatham, Washington Heights, Beverly), Hickory Hills, Oak Park, Oak Lawn, Midlothian, Dixmoor and Wilmette, Ill.

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