$800,000 Verdict
Shelba Rowely of Jasper County sued her surgeon, Dr. Chris Roberts, for medical malpractice. She underwent surgery in 1999 to correct hernias in her vagina, stop bladder incontinence and lift her vagina. The surgery resulted in her vagina being shortened to only two inches and caused further incontinence and anal steneosis. Her vagina now is not functional, is painful and cannot be repaired.
Vaginal vault suspension is a surgery to lengthen the vagina by securing it to ligaments attached to the sacral-spine. Rowely, 50, is unable to have sexual intercourse.
Roberts claimed that the shortened vagina was the result of scarring from the two surgeries Rowely underwent for hernia repairs in her vagina and that this type of surgery now results in a complication rate of 5 percent of narrow or shortened vaginas.
Rowely claimed Roberts used a flawed technique for performing a vaginal vault suspension and removed too much vaginal tissue. She presented evidence that other surgeons had never heard of this type of complication a shortened vagina and that Roberts had at least 11 prior complaints of vaginal shortening.
The jury awarded $800,000 including $400,000 past non-economic damages, $200,000 future non-economic damages, $150,000 future economics and $50,000 past economics.
Type of Action: Medical malpractice
Type of Injuries: Shortened vagina, incontinence
Court/Case Number/Date: Jasper County Circuit Court/CV680342/ June 14, 2002
Caption: Rowely v. Roberts
Judge, Jury or ADR: Jury
Name of Judge: Jon Dermott
Verdict or Settlement: $800,000 verdict
Special Damages: $150,000 future economic; $60,000 past economic
Allocation of Fault: 100 percent to defendant
Last Offer: $300,000
Last Demand: $325,000
Attorneys for Plaintiff: Roger Johnson, Scott Gallagher and Dana Little, Joplin
Insurance Carrier: Intermed
Plaintiff's Experts: Dr. David Hallbridge, Houston, Texas (obstetrician/gynecologist); Dr. Lora Larson, Tulsa, Okla. (obstetrician/gynecologist); Dr. C.Y. Liu, Chattanooga, Tenn. (gynecologist)
Defendant's Experts: Dr. Howard Shaw, Tulsa, Okla. (gynecologist)
