Surgery to Remove a Malignant Tumor in Colon Causes Twisted Small Bowel-Jury Verdict

Carson Sofro, 33, was diagnosed with having a malignant tumor in his colon. He underwent a resection performed by a colorectal surgeon, Dr. Benjamin Karsten at St. Luke’s Regional Medical Center. After removing the tumor, Dr. Karsten connected the colon and small bowel.

Sofro suffered a variety of symptoms after the surgery, including pain, vomiting and bloating. He sought treatment at St. Luke’s and was told that his symptoms were a normal complication of the surgery. Sofro continued to experience these symptoms for more than two years before being diagnosed as having a 360-degree twist in his small bowel. That condition required another resection, causing him to miss one month of work from his job as the owner of a basketball camp.

Sofro filed a lawsuit against St. Luke’s Regional Medical Center alleging liability by Dr. Karsten choosing not to ensure that the small bowel was not twisted before creating the anastomosis. There was a claim of lost income of $15,000. Anastomosis is a surgical procedure connecting adjacent blood vessels, parts of the intestine or other channels of the body.

The jury in this case signed a verdict for $632,000. However, the court then granted the defendants’ motion for a new trial holding that the jury award was excessive. In the interim, Sofro accepted the court’s remittitur or reduction of the jury’s verdict of $349,400.

The attorney representing Sofro was Michelle Boints. At trial, Sofro’s attorney presented an expert in colorectal surgery; the defendants presented experts in the same field of medical practice.

Sofro v. St. Luke’s Regional Medical Center, No. 16-007519 (Idaho District Court, Ada County).

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