September 5, 2002 - From The New York Jury Verdict Reporter

Medical malpractice - tubal ligation - improper cutting of vascular material - premature onset of menopausal symptoms

Nery Hernandez v. Rafael Santandreu, M.D. 12725/97
Date of Settlement 4/15/02 Queens Supreme

This case settled prior to trial for $475,000. In May 1995, plaintiff, age 38, underwent a tubal ligation performed by defendant at Flushing Hospital. Plaintiff had agreed that defendant would perform a tubal ligation following a Caesarean section for the delivery of her third child. She had previously undergone surgery for the removal of a right ovarian cyst some years before in her native Dominican Republic. Tests done prior to that surgery disclosed that she did not have a left fallopian tube.

Plaintiff claimed that this information was given to defendant at the same time she gave the history of surgery on her right ovary. Defendant denied this.

At the time of the tubal ligation, defendant attempted to locate a left fallopian tube but encountered difficulty. After numerous efforts, he located what he thought was the left tube, ligated and cut it. Post-operatively, plaintiff began to hemorrhage, requiring transfusions to replace 2,000 cc of blood. She also developed atelectasis and congestive heart failure. After 6 days she was stable and was discharged. From discharge, plaintiff never experienced menstruation and developed signs of menopause for which she was placed on hormonal supplement.

Plaintiff claimed that the profound blood loss and shock sustained by her as a result of defendant's improper cutting of vascular material which he incorrectly thought was the fallopian tube, caused a pituitary hypothalamic dysfunction which curtailed the production of estrogen and caused a premature onset of menopausal symptoms. Her symptoms are alleviated by the ingestion of estrogen replacements which she will require into the indefinite future.

Defendant contended that the cut was made on a vestigial piece of tube.