Surgeon’s Dismissal of Teen’s Post-Op Pain Leads to $500,000 Verdict

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County
City
State
Amount$500,000.00

Blake Heath and Brice C. Barnard obtained a $500,000.00 unanimous verdict for a young woman who suffered permanent injuries due to a surgeon’s negligence. The case involved a 16-year-old patient whose gallbladder removal was followed by a series of medical missteps—ultimately leading to a bowel perforation, emergency surgery, and a lasting abdominal scar.

In early 2019, the client began experiencing worsening stomach issues. Testing revealed gallbladder dysfunction, and a local surgeon opted to perform a laparoscopic removal—not only of the gallbladder, but also the appendix, which was healthy. After the surgery, the client’s pain escalated. She returned to the ER twice in the days following the procedure, struggling to walk and unable to stand upright. At the second ER visit, the same surgeon examined her, but he failed to order any tests and dismissed her symptoms as psychological, accusing her of faking pain to avoid school.

Two days later, the client was admitted to St. Luke’s East and transferred to KU Medical Center, where surgeons discovered a bowel perforation near the removed appendix. Emergency surgery was required to remove and reconstruct nine inches of bowel, leaving the client with a large vertical scar on her stomach.

Despite clear warning signs, the surgeon never acknowledged fault and refused to settle. The defense relied on the argument that the perforation was a known risk and that no tests were necessary during the second ER visit. Mr. Heath and Mr. Barnard countered with expert testimony and focused the case on three points of negligence: removal of a healthy appendix, improper surgical technique, and failure to order diagnostic tests when the client returned in distress.

The trial took place over four days in a challenging venue where the surgeon had longstanding community ties. Nearly half the potential jurors had a personal connection to him, yet the team was still able to seat a fair jury. During trial, the defense maintained that the client’s suffering was in her head—an argument that echoed the dismissal she experienced at the ER. Mr. Heath and Mr. Barnard dismantled that narrative, framing the case not around medical expenses, but around the lasting value taken from their client’s life. The jury returned a unanimous verdict of $500,000.00.

This case is a strong example of how careful preparation, strategic storytelling, and a focus on human impact can lead to justice—even in the most difficult venues.

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Past results afford no guarantee of future results and every case is different and must be judged on its own merits.

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