Professional Negligence Law Reporter

Doe, 67, underwent elective laparoscopic hiatal hernia repair surgery performed by Roe surgeon with a nurse’s assistance. During the procedure, Roe used a tack applier to secure surgical mesh needed to patch an opening in Doe’s diaphragm. The next day, Doe suffered atrial fibrillation and a rapid heartbeat. She coded that night and, despite extensive resuscitative efforts, Doe died. She is survived by her husband and two adult children.

Doe’s husband sued the surgeon and nurse, alleging negligent use of the tack applier on Doe’s diaphragm. The plaintiff argued that use of the tack applier in diaphragmic hernia repair surgery and deployment oftacks in the diaphragm are contraindicated according to the instrument’s manufacturer due to the risk of pericardial injury. Roe’s decision to ignore the manufacturer’s warning constituted gross negligence, the plaintiff claimed.

The jury awarded the plaintiff more than $5.09 million, including punitive damages.

Plaintiff counsel: Adam Satin and Julie Gielowski, both of Boston.