The plaintiff, a 34 year old, young mother, was scheduled for a repeat C-section, but went into labor 9 days early on August 1, 2010. Labor progressed quickly. She delivered a healthy baby girl vaginally, with no complications. After delivery, plaintiff complained of sharp, abdominal pain and 10/10 pain unrelieved by morphine. Moderate bleeding was then noted. The obstetrician came bedside and decided to perform a manual exploration and curette procedure.
After this procedure, he ruled out uterine scar rupture, which is a risk for any patient who delivers vaginally following a previous C-section delivery (“VBAC”), and continued to treat plaintiff for uterine atony or a loss in tone of the uterus. No blood products were ordered or transfused and the plaintiff was not taken to the operating room for exploratory surgery. For the next 1 ½ hours, plaintiff was consistently hypotensive (low blood pressure) and tachycardia (fast pulse) and the two nurses who remained bedside noted “moderate” bleeding.
The obstetrician acknowledged that he was kept apprised and a blood draw revealed lower hemoglobin and hematocrit values than prior to delivery, but not abnormal for a postpartum patient. When the obstetrician came bedside, the plaintiff was becoming restless and short of breath. She coded within minutes thereafter. After resuscitation, the plaintiff received her first blood transfusion and a second obstetrician took over her care.
For the next 4 ½ -5 hours, the plaintiff was monitored closely and received 7 units of packed red blood cells and 7 units of fresh frozen plasma. Her blood draws revealed low hemoglobin and hematocrit values and her bleeding was noted “off and on” during this entire time frame. This bleeding was contested by defendant and their experts. When the plaintiff was finally taken to the operating room for a hysterectomy, a procedure that plaintiff’s experts testified should have been performed hours earlier; she coded again and had to be resuscitated.
The surgery continued and by the time of completion, the plaintiff had received a total of 14 units of packed red blood cells and 14 units of fresh frozen plasma, along with other products. Following the performance of the hysterectomy, the plaintiff had no further bleeding. Plaintiff suffered 2 additional codes while in the hospital. The hysterectomy operative report noted a uterine scar “defect” from the prior C-section scar.
Defendant and their experts argued for the first time at trial that plaintiff’s injury was a prior uterine scar “dehiscence” and not a complete rupture and that conservative measures were appropriately administered prior to the hysterectomy or treatment of “last resort.” Plaintiff’s experts argued that the defect was referred to as a prior uterine scar “rupture” or “dehiscence” interchangeably in the medical records and was the source of plaintiff’s bleeding and subsequent hemorrhagic shock.
Plaintiff remained on a ventilator for 9 days, suffering from renal failure and adrenal insufficiency. Plaintiff slowly improved, but she has no memory of giving birth to her daughter or the events thereafter. Upon discharge, the plaintiff had to be transferred to a rehab facility to re-learn how to walk, talk, walk up stairs, write and regain her strength to hold her children. She remained on dialysis for another month.
3 months later, the plaintiff was able to return to her job as high school biology and anatomy teacher. Approximately 9 months later, the plaintiff learned that her kidney injury was permanent. She was evaluated and placed on the national list for a kidney transplant. A little over 1 year after the delivery and the events giving rise to the lawsuit, the plaintiff underwent a kidney transplant from a cadaver donor.
Plaintiff recovered and returned to her job 3 months later. Due to her age, plaintiff’s experts testified that she will require at least 2 additional kidney transplants. For life, she needs routine medical follow-up, is a risk for various complications related to the transplant and remains on daily immunosuppressant medications – taking 22 pills per day. Plaintiff is a wonderful lady and a “fighter” and made an excellent witness before the jury.
This was a no offer case. After 5 days of trial, the jury awarded the plaintiff 4 million dollars. The judgment, as reduced to the statutory cap by the Court, has been satisfied. Plaintiff thanks Amicus Visual Solutions for their assistance at trial. Type of action: Medical Malpractice case involving a uterine scar rupture and permanent kidney loss to a young mother of two daughtersStyle of case: Sally S.
Arbogast v. Summit Health Care, Inc.Court: County of Chesterfield Circuit CourtJudge: Honorable Steven C. McCallumVerdict or settlement: Jury verdictAmount: $4,000,000.00 (reduced to the cap of $2,000,000.00 pursuant to Virginia Code § 8.01-581.15)Amount of specials: $731,787,14 - past medicals and lost wages, $1,671,851.90 – life care planAttorneys for plaintiff: Irvin V. Cantor, Stephanie E. Grana,and Elliott M.
Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, VAPlaintiff’s experts: Obstetricians, Critical Care Surgeon, Transplant Surgeon, Nephrologist, Life Care PlannerDefendant’s experts: Obstetricians, Hematologist/OncologistSee Also: First Lessons In Beekeeping
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You have questions, we have answers. And here you’ll find answers to the questions we receive most often. If you have other questions, need additional information or would like to schedule a tour, please call us at 757-223-1650 or toll-free at 800-345-0474. We welcome the opportunity to spend time with you, whether on the phone or in person. What is The Chesapeake?The Chesapeake is a continuing care retirement community (CCRC) that inspires active living.
Located in the popular Hampton Roads area of Virginia, The Chesapeake offers the warmth and friendliness of a small town. Meeting the lifestyle expectations of today’s retirees, The Chesapeake offers spacious, maintenance-free apartment residences and single-family cottage homes, in addition to a wide range of services and amenities that promote a healthy lifestyle and independence. Equally important, The Chesapeake offers a full continuum of on-site care, including licensed physical therapy, assisted living, memory support and nursing services.
What is Life Care?Simply stated, Life Care means care for your lifetime. Residents live in a comfortable residence, enjoy community-based services and amenities, and plan in advance for their future health care needs. As their circumstances change, residents can remain on-site, close to friends and neighbors, and receive services and care through assisted living, memory support and nursing care, according to individual needs.
Services may be recuperative, short- or long-term as needed. With Life Care, monthly fees continue to be based on the monthly fee for the resident’s apartment or cottage when health services are received. When a resident transitions to a higher level of care, the only additional cost in the monthly fee is two additional meals per day and ancillary charges. Life Care helps shield residents from spiraling health care costs, a major advantage to living in a continuing care retirement community.
What types of residences does The Chesapeake offer?The Chesapeake features an impressive variety of floorplans so you can choose a residence that fits your lifestyle. Our one- and two-bedroom apartments range in size from 760 to 1,762 square feet and feature fully equipped kitchens, spacious living rooms and dining rooms. Select residences also feature dens, built-in bookcases, patios or balconies.
Our well-designed two-bedroom cottage homes range in size from 1,056 to 1,765 square feet and feature fully equipped kitchens, spacious living and dining rooms, ample closet space, and washers and dryers. Select features include dens, fireplaces, built-in bookcases, sunrooms, patios and garages. May I furnish and decorate my residence as I wish?Certainly. Isn’t that the best part of moving into a comfortable new home? We encourage you to decorate your home to match your tastes, and leave the home maintenance, landscaping, and weekly housekeeping to us.
What services and amenities are available?The Chesapeake offers an array of educational, recreational and wellness programs that appeal to almost every interest imaginable. Residents also enjoy casual and restaurant-style dining, a professionally equipped fitness center, an indoor, heated saltwater swimming pool, a sauna, whirlpool, library, chapel, clinic, community garden, woodworking shop, billiards, putting green and game rooms.
Adding to the carefree lifestyle at The Chesapeake are housekeeping services, window washing, grounds upkeep, snow removal, appliance maintenance, an urgent call system, and scheduled transportation for area shopping, appointments and events. Most importantly, The Chesapeake’s full continuum of care, including licensed assisted living, memory support services, and licensed nursing care, gives residents ready access to quality care on-site.
What are the age requirements for a move to The Chesapeake?Our community is designed for senior adults who are at least 62 years of age. The Chesapeake attracts a diverse group of residents with varied backgrounds, faiths, and interests. Residents and staff encourage prospective residents to move to The Chesapeake early and not wait so they will have the opportunity to fully enjoy the various amenities and numerous activities available within the Community and the surrounding area.
Can I have family and friends stay with me?Yes. We love guests and have accommodations for overnight visitors if you need extra space for family and friends. Each of our two tastefully decorated guest rooms features two queen-size beds, a bath and a kitchenette. May I have a pet live with me?Yes. Our community is pet friendly, so cats and small dogs are welcomed (maximum of two). How much does The Chesapeake cost?Residents at The Chesapeake enjoy their choice of a comfortable residence, a full array of services and amenities, and an on-site continuum of care.
These benefits are provided through a one-time entrance fee and a monthly services fee. The entrance and monthly fees vary depending on the type of residence chosen, the number of occupants, and the type of contract — either Life Care or Continuing Care. A portion of the fees is recognized as a prepaid Life Care benefit, so the rates for assisted living, memory support and health care remain the same as the existing rate for the residence occupied at the time of transition to a higher level of care.
There is an additional cost for two meals per day plus ancillary charges. Also, a portion of the entrance and monthly service fees may be tax deductible as a prepaid medical expense. Is the monthly fee subject to change?Yes, monthly fees are adjusted annually. May I keep my own doctor if I move to The Chesapeake?Of course. You may continue to see your own physician and other healthcare providers.
If needed, you may obtain complimentary transportation services from The Chesapeake, or your family may take you to appointments. Who owns The Chesapeake?The Chesapeake is owned by LifeSpire of Virginia, a not-for-profit corporation headquartered in Richmond, Virginia. LifeSpire has operated well-respected retirement communities in Virginia for more than 60 years. Other locations include Culpeper, Richmond, and Daleville.
For more on LifeSpire of Virginia, please click here. How can I learn more about The Chesapeake?Please contact us by phone at 757-223-1650, toll-free at 800-345-0474, or by email at email@example.com. We are happy to answer your questions, schedule a tour, or send you information.