Malpractice Lawsuit Over Perforated Bowel Results in $7M Verdict

A North Carolina jury has awarded $7 million in a medical malpractice lawsuit filed by the family of a woman who died of complications from a hysterectomy. 

The complaint was filed by the estate of Victoria Lynn Brown Harmon, who died on September 24, 2007, after undergoing hysterectomy surgery at Lake Norman Regional Medical Center. The lawsuit named Dr. Susan Lovejoy Roque and Dr. David Gish as defendants.

According to the lawsuit, Harmon, 54 at the time, was sent home after surgery despite complaining of pain and returned to the hospital later that day due to increasing discomfort. Despite her return, it took the hospital more than three days to realize that she had a perforated bowel from the hysterectomy.

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Harmon suffered sepsis, multiple organ failure, brain and kidney damage, pneumonia and was placed on dialysis before she died. The lawsuit claims that the injuries, and Harmon’s death, could have been avoided. Harmon allegedly had elevated white blood cell counts when she was discharged from the hospital the first time, according to the lawsuit, and should also have been examined when she complained of pains.

One such sign was pain when Harmon sneezed, which the lawsuit says forced bowel contents into her abdominal cavity.

According to a report by wsoctv.com, a Wilkes County jury cleared Gish last week, but determined that Roque had been negligent and awarded Harmon’s estate $7 million.

Sepsis occurs when the body overreacts to an infection, causing the immune system to begin damaging the body’s own tissues as well as combating foreign bacteria.

Only about 70% of patients diagnosed with septic shock walk out of U.S. hospitals alive. That is because every hour that treatment is delayed lowers the rate of survival by about 8%, yet many hospitals fail to immediately diagnose sepsis and do not begin providing appropriate treatment for four to six hours.

Symptoms of septic shock are often vague, and may include:

  • Confusion
  • Shortness of breath
  • Increase heart rate
  • Declining blood pressure
  • Weakness
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5 Comments

  • RonMarch 26, 2016 at 4:00 pm

    my doctor missed a hole in my colon for about a year by time it was seen i was in serious trouble eventually i slipped into a state of delirium and I blew up like a balloon lost allot of my intestines well i was told my family should make plans because it was very unlikely that I would survived the surgery My diagnosis was perforated bowel with server sepsis.i ended up developing critical neuropat[Show More]my doctor missed a hole in my colon for about a year by time it was seen i was in serious trouble eventually i slipped into a state of delirium and I blew up like a balloon lost allot of my intestines well i was told my family should make plans because it was very unlikely that I would survived the surgery My diagnosis was perforated bowel with server sepsis.i ended up developing critical neuropathy and basically i would never walk again and the pain medication was all they could do, my son and I will never be able to play catch, wrestle, ride bikes I was not the only one that is never going to be the same.....My little boy should not have to to help his father That hurts me more than everything,

  • Lucky2BeAliveFebruary 2, 2012 at 2:00 pm

    I don\'t remember the day I was taken to ER with severe stomach pain. I was given an antacid RX. Later my son took me back. Again hospital ER stated nothing was wrong & had me evaluated by several mental doctors. A doctor noticed I stopped breathing. I was put on life support with renal & respiratory failure. My family was informed I would not live. I had septic shock hemmorhaging internal[Show More]I don\'t remember the day I was taken to ER with severe stomach pain. I was given an antacid RX. Later my son took me back. Again hospital ER stated nothing was wrong & had me evaluated by several mental doctors. A doctor noticed I stopped breathing. I was put on life support with renal & respiratory failure. My family was informed I would not live. I had septic shock hemmorhaging internally from peptic & duodenal ulcers. All of my internal organs including heart & lungs were covered in a green rind. After release I had an upper & lower respiratory infection with an oral infection preventing me from eating. I also had a brilliant green slime that would orally erupt. When I would open my mouth it sounded like a very fizzy soda can. Upon looking at the slime my surgeon said, \"That\'s interesting & threw it in the garbage.\" I quickly lost 30 lbs & my surgery failed due to malnutrician. All my internal organs relocated outside my body. My surgeon told me I had lung cancer ingnoring my lung & oral infection. 6 months later I suffered ileus (vomiting my feces), strictures & adhesions. I also had recurrent kidney failure begging the hospital to wait till the next day before dialysis. I made it but I was told I would die if not repaired & no surgeon could repair the largest hernia ever. I found Dr Soper brought to Chicago from Mayo Clinic to make such huge repairs. My general practitioner was to do the pre-op & just as my blood pressure was under control he stopped my medication. He began to side with the dentist who left me this way. North Western was scrambling. Dr Soper took over my pre-op. 2 weeks before repair my incision of 2 years reopened spewing pus from intra abdominal abscess. I was taught how to flush, pack & keep the site open till repair. My repair was a success. This was caused a dentist who did not believe in antibiotics. This was all because my dentist was so angry I sought a second opinion from another dentist. Lucky2BeAlive

  • cyndiJune 12, 2011 at 6:22 pm

    my husband has non hodgkins lymphoma has been in remission for 2 yrs cancer showed active in spleen this past jan 2011 had splenectomy done in march dr. had to do midline incision after goin in laproscop because spleen was bigger than what was said while removing spleen dr had complications (as read on medical records) as he was removing spleen he made a tear on colon repaired it and had to scrape[Show More]my husband has non hodgkins lymphoma has been in remission for 2 yrs cancer showed active in spleen this past jan 2011 had splenectomy done in march dr. had to do midline incision after goin in laproscop because spleen was bigger than what was said while removing spleen dr had complications (as read on medical records) as he was removing spleen he made a tear on colon repaired it and had to scrape diaphram closed him up while recovering in hospital 2 days later he started having a pain on chest when he would breath,started coughing up phlem feeling nauseated,3 day he started running a fever had chills diahreah , hospital staff said it was part of after surgery symptoms,and him not having a spleen is also part of body reacting to it gone , his urine was still a reddish color more of hot pinkish ,nurses and dr said it was normal ,of course i felt more was goin on and that this was not normal 5th day he started having more chest pains,fever at 103, dr ordered chest xray ,told us on 6th day that he had colapsed lung at that time my husband had chills,fever,constant diarreah stomach was starting to distend unable to eat, on 7 th day they did a scan of upper body that morn my husband started vomiting constantly i mean were talking 3 full bed side trashcans ...dr came in with scan results and said they needed to go bak in for explatory surgery due to hernia and bulge on intestines asap ,after surgery my husband came out being on ventilator in ccu due to septic shock and sepsis,...after 3 days in ccu my husband started breathing on his own slow recovery a few things happened at this hospital afterwardsthat we ended up transfering ,a few times dr was wanting to release him i know my husband and he was not in condition to be home his drainage tube he had on side of stomach was still purulent and full.. good thing we transfered otherwise we would have been back to hospital probably again in septic shock do to what other dr at other hospital had said ...after requesting and looking over medical records we learned that he went into septic shock and sepsis due to perforated bowel, had resp and kidney failure along with pneumonia never were we notified about bowel ,pnuemonia,or kidney failure ....my husband is now at home recovering slowly still has complication here and there ,has pet scan this week to see if cancer has spread ,we leave it in gods hands and prayer and thats what has us getting thru this trial...for the ones that have lost loved ones to septic shock or sepsis may god give you strength and faith to get thru it its hard seeing your loved ones go threw pain and suffering and almost lose them...may god bless u all

  • j. mcmanusJune 7, 2011 at 11:15 pm

    As a former employee of Lake Norman Regional Medical Center I am not suprised! The lack of interest once the procedure was completed is something that happened to me personally. I had a procedure done that resulted in a blood clot and it took serveral days and serveral trips to the departments that preformed the procedure and finally a trip to my personal physician who diagnosed the problem righ[Show More]As a former employee of Lake Norman Regional Medical Center I am not suprised! The lack of interest once the procedure was completed is something that happened to me personally. I had a procedure done that resulted in a blood clot and it took serveral days and serveral trips to the departments that preformed the procedure and finally a trip to my personal physician who diagnosed the problem right away. Don't be afraid to ask for the Doctor's track record. If one of their Doctor's or any medical personel is going to invade your body with anything, even something as simple as a needle, ask for their work history!! It is better to be safe than DEAD!!!

  • NoraJune 2, 2011 at 2:30 pm

    This is a tragic case, an unnecessary death that could have been averted if she had received prompt attention after the surgery. Sadly, this is one of many similar cases. Kudos to the law firm and legal team who represented Victoria Harmon's interests.

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