Medical Malpractice Case, $4 MIL

MED MAL CASE, $4 MIL

On December 21, a Philadelphia jury awarded more than $4 million to a divorced mother of three who claimed that complications stemming from a gall-bladder removal surgery ultimately forced her to undergo a total hysterectomy.

In Gallaher v. Ledesma, the panel found negligence as to both doctor-defendant Elihu Ledesma, the surgeon who performed the gall-bladder removal and Northeastern Hospital, where the procedure was performed, according to plaintiff’s attorney Anthony Baratta of Baratta Russell & Baratta in Huntingdon Valley.  Andrew Baratta assisted at trial.

Christine Gallaher, a kindergarten teacher, was 42 at the time of the June 2001 gallbladder surgery, according to court papers.  She asserted the surgery led to infections necessitating the total removal of her reproductive organs causing premature menopause and continued stomach problems.
Baratta said that his client has been able to keep job despite her injuries. 
In court papers, the defense denied that the extent of Gallaher’s infections had been caused by her gallbladder surgery.

The trial lasted five days before Philadelphia Common Pleas Judge Eugene E.G. Maier.

Gallaher had demanded $450,000 when she filed her action.  The jury’s award included $4 million in non-economic damages and $3,200 in lost past wage.

Lead defense counsel in Gallaher was Charles Fitzpatrick III of Mylotte David & Fitzpatrick in Broomall,  Baratta said.  Fitzpatrick did not immediately respond to a call seeking comment.