On August 29, 2013, a Cook County jury returned a verdict in favor of the defendant gynecologist represented by Jim Sloan and Emily Hussey.
After having her third child, the plaintiff went to see the defendant-gynecologist to be sterilized. The defendant-gynecologist performed a “falope ring tubal ligation” on the plaintiff in April 2006. The procedure is performed by fastening a silastic band around each fallopian tube so as to prevent conception. During the procedure at issue, when the defendant-gynecologist attempted to band the right side, the device that he used ejected two silastic bands rather than just one.
In March 2007, the plaintiff, then 32 years old, learned that she was pregnant with her fourth child, a daughter. After delivering the girl by cesarean section in September 2007, the treating obstetrician found the plaintiff’s right fallopian tube unscarred and “in its natural state.” He also found a silastic band on the right ovarian ligament rather than on the right fallopian tube.
The plaintiffs alleged that the defendant-gynecologist negligently performed the procedure by banding the ovarian ligament. The defendants maintained that, during the procedure, the defendant-gynecologist banded both the right fallopian tube and the right ovarian ligament and that the top band subsequently migrated off the structures, thereby allowing the fallopian tube to slip out of the attachment as well.
The plaintiffs asked the jury for approximately $500,000 in damages. The jury deliberated for five hours before returning a verdict in favor of the defendant-gynecologist.