Amos Gern Settles Medical Malpractice/Wrongful Death Suit for $1M Policy Limits

A 36-year-old Paterson, NJ resident underwent a revision of a vertical sleeve gastrectomy to a gastric bypass on May 6, 2022, at the county hospital. While her initial procedure was performed appropriately, her clinical status deteriorated overnight, and she was inappropriately discharged on May 7, 2022, despite being in severe pain and requiring pain medication. The discharge was carried out by a resident without the approval of her attending surgeon that evening. Her bariatric surgeon failed to stay informed regarding the patient’s clinical status during which she developed an anastomotic leak at the surgical site of the gastric bypass. Before her discharge, her progress notes reflected the inability to ambulate without pain. Her surgeon acknowledged that he did not review progress notes written by his surgical resident, after leaving the hospital. The patient returned to the emergency room at the hospital due to on-going pain. However, she was discharged after a few hours even though abdominal sepsis had developed. When re-admitted on May 9, multiple delays in surgical treatment resulted in missed opportunities for a lifesaving procedure leading to our client’s death on May 12, 2022.

Our client left a surviving 5-year-old daughter, who now lives with her grandmother who was appointed her legal guardian.