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Case of the Month April 2021

Drain Left in Minor's Neck Following Surgery

In Re P.C.

Case Type:
Medical Malpractice-Procedures & Treatment - Retained Foreign Objects
Medical Malpractice-Facility - Hospital

Specific Liability:
Procedure to remove drain left behind from a previous procedure caused minor to sustain an enlarged neck scar

General Injury:
Neck scar; medical expenses

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Related Court Documents:
Petition for approval of minor settlement: 2020 WL 68109986
Order approving minor settlement: 2020 WL 6821024

Case Name:
In Matter of the Minor Settlement of P.C.

Docket/File Number:
2020-CV-000696

Result Amount:
$135,000

Result Date:
June 18, 2020

Judge:
Ralph M. Ramirez

Attorneys:
Petitioner: Joshua J. Minon, Cannon & Dunphy S.C., Brookfield, WI
Defendant: Not Reported

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$100,587.08 to be invested for the petitioner
$446.30 to satisfy a medical lien
$33,750.00 to petitioner's attorney for the contingency fee
$216.62 to petitioner's attorney for costs advanced

Summary of Facts:
P.C., a minor, underwent a procedure in 2010 to excise a dermoid cyst at Aurora Hospital. A small Penrose drain was placed in the anterior neck during the procedure. It was discovered in 2019 that the drain had not been removed. P.C. underwent a second procedure to remove the drain, which caused P.C. to sustain a residual scar that was larger than her initial scar from the 2010 procedure. P.C. filed a petition for approval of a settlement in the amount of $135,000 and in which Aurora agreed to waive all costs associated with the second procedure. The court approved the terms of the settlement.

Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2020 WL 6867277