Leads spontaneously. During the ten day Man Dies While to Incontinence and period, Mrs. C was restricted to her Vacationing In Florida Multiple Surgeries home, utilizing the catheter and In February of 1998, James Keenan wearing diapers. In June of 1998, Mrs. C was experi- and Jim Matthews had arrived in By July 24, it was clear to Doctor J Vero Beach, Fla. with their wives for encing as a that the hole in Mrs. C’s bladder a winter vacation. They were close result of fibroid tumors. On the ad- was not closing. Doctor J scheduled friends in Arlington, Va. vice of Doctor B, Mrs. C consented another follow-up surgery. During to undergo a total abdominal hyster- On the afternoon of Feb. 28, Mr. the five hour procedure, Doctor J ectomy and bilateral salpingo- Matthews and Mr. Keenan had surgically repaired the perforated oophorectomy. Doctor B and Doctor played golf earlier in the day. They bladder, and Mrs. C was discharged T performed the procedure on June were driving home to meet their on Aug. 6. 24, 1998, at Palm Beach Gardens wives. Mr. Matthews was the driver and Mr. Keenan was the passenger. Community Hospital. Sometime thereafter, Mrs. C began Mr. Matthews approached Old Dixie leaking urine again, and she immedi- Approximately a week after her dis- Highway from a side street and ately returned to Doctor J. The doc- charge from the hospital, Mrs. C be- stopped before crossing the railroad gan having difficulty controlling her tor found yet another . Given tracks. He then proceeded to cross, urine flow. She contacted her urolo- the extent of difficulty Mrs. C had but failed to stop at a stop sign on the gist, Doctor J on July 9. He pre- experienced already, Doctor J re- other side of the tracks. For an unex- scribed additional medications in an ferred Mrs. C to a specialist in blad- plained reason, Mr. Matthews traveled attempt to assist with the bladder der repair at Duke University. through the stop sign and right into the path of a northbound vehicle trav- control problem. Unfortunately, by On April 29, 1999, almost a full year eling at approximately 45 mph. July 13, Mrs. C had lost all bladder after her hysterectomy, the Duke Uni- control. Though she had no urge to versity physician successfully repaired The force of the impact sent the urinate, urine was literally pouring Mrs. C’s bladder and finally brought Matthew’s vehicle spinning across the intersection and ending up off out of her. She returned to see Doc- her incontinence to an end. tor B, and learned for the first time the side of the road, more than 100 that a suture placed during her hys- After enduring a year of seemingly feet away. As a result of this brief terectomy may have penetrated her avoidable medical care, Mr. and moment of inattention, both Mr. bladder and a vesicovaginal fistula Mrs. C retained the services of attor- Keenan and Mr. Matthews died. neys Chris Searcy and Karen Terry. (tear) had formed. Mr. Keenan was age 73 and Mr. Suit was filed against Doctor B and Matthews was 79. Mr. Keenan was A suture may have Doctor T. An expert in /gy- survived by his wife of almost forty necology hired by the plaintiffs years, Mary Keenan. penetrated her bladder opined that Doctor B and Doctor T It was found that there was adequate should have verified the integrity of and a fistula had formed. insurance on Mr. Matthews’ vehicle. Mrs. C’s bladder before completing When Virginia counsel was unable to The following day, Mrs. C returned her hysterectomy. Furthermore, Doc- reach a satisfactory settlement on be- to the hospital for more testing. She tor J gave deposition testimony con- half of Mrs. Keenan, attorney Chris met with Doctor J to discuss how firming that Doctor B and Doctor T Speed was retained to file a lawsuit in they would treat the perforated put stitches in two different places, Indian River County. The lawsuit pro- bladder. In an attempt to avoid a fol- perforating Mrs. C’s bladder. Though gressed through the initial discovery low-up surgery, Doctor J ordered Doctor B and Doctor T contested li- phases. Two weeks before trial, Mr. Mrs. C to utilize a Foley catheter for ability throughout litigation, Mr. and Speed was able to effect a settlement ten days in hopes that the perfora- Mrs. C’s case was settled for a con- on behalf of Mrs. Keenan in the tion in her bladder would close fidential sum. ■ amount of $550,000. ■

SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 7 OF COUNSEL NEWSLETTER VOLUME 01 NUMBER 3