Howard Kinch was 34 when he underwent a laparoscopic cholecystectomy performed by general surgeon Dr. Christopher Touloukian. One week after the surgery, Kinch was re-hospitalized and diagnosed as having bile in his abdomen.
Kinch was transferred to another hospital so that he could receive an external drain. The drain mechanism later dislodged, which led to the development of sepsis that required a procedure to reinstall the drain. He now must have numerous drain replacement procedures every year and requires daily flushing of this device.
Kinch and his wife sued Dr. Touloukian and his employer alleging that the doctor transected the common hepatic bile duct during the surgery and chose not to adequately visualize the surgical field.