Doctor Placed Clips On Bile Duct During Gallbladder Surgery
On Nov. 3, 2000, plaintiff Jacqueline Essen, 46, a road crew member for the state’s transportation department, was admitted to Carlinville Area Hospital to have her gall bladder removed.Essen alleged that general surgeon Anand Talcherkar damaged her bile duct when he placed surgical clips on it and did not recognize the injury before closing her abdomen.Essen sued Talcherkar for medical malpractice. Plaintiff’s counsel argued that Talcherkar was to blame for placing the surgical clips along her common bile duct and that he failed to recognize the injury before closing the area. Marc Cooperman and David Linehan, the plaintiff’s general surgery experts, testified that Talcherkar was at fault for placing one of the clips against the target structure and bile duct.
The defendant denied the allegations. Defense counsel contended that Talcherkar did not breach the standard of care, and that Essen received the appropriate level of surgical care, which was reiterated by Norman Estes, the defense’s general surgery expert.
Because of post-surgery complications, Essen was transferred to Missouri Baptist Hospital in St. Louis and then to nearby Barnes-Jewish Hospital. She became jaundiced and ill due to the bile that was backing up in her liver and it was determined that the clips could not be surgically addressed due to inflammation. Essen’s backup bile was drained through her liver and she was then released. On Jan. 17, 2001, she underwent surgery to reroute her intestinal track and suffered a heart attack. She was released nine days later and continued to experience pain from the incision and sought treatment from her family physician and pain management specialist. Essen sought approximately $150,000 in past medical expenses. Craig Backs, the plaintiff’s internal medicine expert, testified that the pain from the incision was permanent. She sought an unspecified amount in past and future pain and suffering. She missed five months of work and stopped working as a road crew member in April 2004. Plaintiff’s counsel argued that Essen would only perform clerical type of work. She sought $163,503 in past and future lost wages.
The jury found that Talchekar breached the standard of care and awarded Essen $3,104,695.