If you are blocked from reading Subscriber Exclusive content, please first confirm that you are logged in with your subscribed account. If you are still experiencing problems, please describe the problem below and we will be happy to help you.

The jury found that the surgeon had "departed from good and accepted medical practice." The trial was held in the Supreme Court of the State of St. George, as shown in this file photo. (Advancing Staten Island / Jan Somma-Hammel) Staff-Shot

Staten Island, New York — A South Bank woman and her husband underwent a hysterectomy three years ago. Vaginal bleeding, incontinence, and severe pain have adversely affected their relationship, so Staten Island The jury has paid $10 million to her and her husband.

Michele Nugent, 41, sued Dr. Eli Serur in the Supreme Court of the State of St. George, alleging that she had a fistula or abnormal opening between the bladder and vaginal wall during the operation performed by a gynecologist on October 4, 2018.

Her court documents stated that Nugent had previously been diagnosed with adenomyosis after complaining of abnormal vaginal bleeding and pelvic pain.

She stated in an affidavit that a few years ago, she had four C-sections when the child was born, the last time being in 2013.

However, according to the affidavit of her medical expert, Nugent did not develop complications after these operations, nor did she have previous illnesses that affected her bladder.

Her uterus was removed during a laparoscopic hysterectomy.

Her affidavit stated that Nugent experienced "abdominal pain" three days later and recorded 10 in the range of 10. She also suffers from vaginal bleeding, nausea, vomiting and discharge of large amounts of fluid.

"Every time I go to the bathroom, it feels like someone is tearing my body and then pulling it down," a trial record quoted her as testimony. "And I scream every time. I have never experienced such pain in my life. It's worse than the four babies that came out of my stomach."

Nugent went to the emergency room; however, her affidavit stated that the pain and her urinary incontinence would only increase in the next few days. She said her severe incontinence forced her to use pads and adult diapers.

According to court documents, Nugent said she was finally able to make an appointment with Serur on October 17. He diagnosed her with a urinary tract infection, prescribed the medicine and told her that she could return to work next week.

Her condition has not improved.

After that, she went to see a urologist. Her affidavit stated that tests confirmed that she had a vesicovaginal fistula, or a "big hole" in the bladder, and urine leaked into the vagina.

Later, on November 12, she underwent surgery to repair the hole.

Despite this, she testified that she still felt pain and leakage, and often suffered from urinary tract infections.

She said that her relationship with her husband was also affected.

The defense argued that Nugent developed a fistula after hysterectomy.

In court documents, the defense's medical experts believed that Nugent's previous four caesarean sections were the root cause of the hole.

These procedures reduce integrity and impair blood flow to the thin layer of tissue between the bladder and vagina.

The defense argued that the abnormal occurrence did not involve any wrongdoing, nor did it violate Serur's accepted medical standards.

However, in his affidavit, Nugent’s medical experts retorted that there is no evidence that excessive scar tissue complicates the hysterectomy.

In addition, the affidavit stated that Serur's postoperative report did not contain any documents to support the claim that the patient's bladder was unhealthy, thinned, or had scars.

The jury ruled by 5 votes to 1 on Thursday that Cerul injured Nugent during the operation and failed to recognize her problem and resolve it, thus "a departure from good and accepted medical practice." ", the verdict said.

The expert group agreed that Serur did not check the bladder before completing the operation and did not consider the fistula as a possible diagnosis when he saw Nugent two weeks after the operation.

Michele Nugent received $6.5 million in compensation for past and future pains. Her husband received US$3.5 million in compensation for losing the consortium with his wife in the past and in the future.

Public records show the Huguenot address of the couple.

"Mrs. Nugent went through terrible ordeals with grace and courage. We are grateful that the jury recognized her experience and gave her appropriate rewards," the couple’s lawyer, Manhattan Sullivan Papain Brooke Law Firm Said Vito Cannavo, a partner of. McGrath Coffinas & Cannavo.

Serur's lawyer did not immediately respond to an email seeking comment on the verdict.

Note to readers: If you purchase goods through one of our affiliate links, we may earn commissions.

By registering on this website or using this website, you accept our user agreement, privacy policy, and cookie statement, and your California privacy rights (the user agreement was updated on January 1, 21. The privacy policy and cookie statement was in May 2021 Update on the 1st).

© 2021 Advance Local Media LLC. All rights reserved (about us). Without the prior written permission of Advance Local, the materials on this website may not be copied, distributed, transmitted, cached or otherwise used.

Community rules apply to all content that you upload or otherwise submit to this website.