Date: 08-23-2006

Case Style: Candace L. Morrison, individually and on behalf of Clayton Morrison and Clinton Morrison v. Dr. Jeanne Lynn Birchmier

Case Number: Unknown8/23/2006

Judge: Unknown

Court: District Court, Wapello County, Iowa

Plaintiff's Attorney:

Jim Hayes and Karen Lorenzen of Hayes Lorenzen Lawyers, PLC, Iowa City, Iowa

Defendant's Attorney: Unknown

Description:

Candace L. Morrison, individually and on behalf of Clayton Morrison and Clinton Morrison sued Dr. Jeanne Lynn Birchmier on a medical negligence (medical malpractice) theory claiming that Dr. Birchmier negligently perforated her colon during a tubal ligation procedure at Ottumwa Regional Health Center on June 4, 2003. During surgery to address the complication, two small perforations and a large amount of bowel content that had spilled into her abdominal cavity. Ten centimeters of her small bowel was removed. She later had to have surgery to repair a hernia from the second surgery.

Defendant denied that the care provided by her was below the standard of care and that perforation of the bowel during such procedures is a known risk of the procedure.

Outcome: Plaintiffs' verdict $50,000 for Morrison’s “past physical and mental pain and suffering” and $7,500 each for “loss of consortium” (loss of support and companionship) for her two sons. The jury awarded nothing to Morrison’s husband, Kenneth, for any of his claimed loss.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's Note: It is always better to win a medical malpractice case than lose it but the award in this case was minimal considering the harm Mrs. Morrison suffered as a result of the alleged negligence on the part of Dr. Birchmier.