Doctor liable for woman’s perforated colon and subsequent death

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Rita Blair and her husband Michael began to worry the day after she was discharged from Palmetto Baptist Hospital. They called Dr. John Warren, who had performed a gynecological surgical procedure on her, and reported that Rita was nauseous and constipated. A day later, she went to the emergency room, complaining of shortness of breath and pains in her chest and abdomen. When her symptoms persisted for more than a week after the operation, a surgeon opened Rita’s bowels to discover that she had suffered a perforation in her transverse colon during the original surgery.

Rita died three weeks after the first surgery. She suffered massive organ failure caused by a bacterial infection that began when her colon was perforated.

On March 9, a Pickens County jury found that Warren was grossly negligent in the case and awarded Michael Blair and Rita’s estate $2.4 million in damages.

Attorneys Jennifer Spragins Burnette and Tony Harbin of Standeffer & Harbin in Anderson represented Blair’s estate. Ashby W. Davis and David L. Williford, Davis & Snyder of Greenville represented Easley Ob-Gyn Associates. The defense attorneys were not available for comment on the case. Harbin said the defense asked for 10 days to file post-trial motions. “We expect an appeal in the event their motions are denied,” he said.

Rita Blair, 50, had been referred to Warren for symptoms of vaginal prolapse, a dropping of the vagina that puts pressure on adjacent organs, often causing incontinence. Warren determined that he should perform a sling procedure, which shores up the top of the vagina. Harbin said Warren, a gynecologist with more than three decades’ experience, had performed it many times before.

Harbin argued that Warren had perforated Rita Blair’s transverse colon during the sling procedure. After the surgery, Blair had to have a unit of blood transfused.

“We argued that if he had found out why she had lost so much blood, he would have found the bowel injury,” Harbin said.

Prior to the sling procedure, Blair had undergone a hysterectomy that created scar tissue. The plaintiffs argued that a surgeon, not Warren, should have removed the scar tissue prior to the sling procedure.

The plaintiffs also pointed to the time that elapsed between Blair’s post-discharge complaints and Warren’s examination of her. The Blairs first called Dr. Warren’s office the day after her discharge, Thursday, Oct. 25. She went to the emergency room two days after discharge, Friday, Oct. 26. Warren examined her again on Sunday, Oct. 28.

“Our argument was that he breached the standard of care by not bringing the surgeon in on Oct. 26,” Harbin said.

Harbin says Warren should have consulted with a surgeon before Blair’s condition worsened. By Saturday, Oct. 27, the third day after her discharge from the hospital, she was readmitted and diagnosed with pneumonia.

The defense disputed the plaintiff’s claims that Warren failed to provide timely care, and argued that bowel injury is a risk of the sling procedure.

Harbin said Blair suffered multiple strokes after being readmitted to the hospital. Doctors attempted to repair her infected colon and stem the sepsis, but her condition worsened. Her family decided to remove life support, and she died Nov. 12.

The jury awarded $700,000 to Rita Blair’s estate for the survival action claim, $700,000 to the estate for the wrongful death claim, and $1 million to Michael Blair for the loss of consortium claim. The Blairs had been married for 3 years before Rita’s death.

Verdict Report

Type of action: Wrongful death

Case name: Michael Charles Blair, Personal Representative of the Estate of Rita Carol Blair, individually and on behalf of the Statutory Beneficiaries of Rita Blair v. John M. Warren, M.D. and Easley Ob-Gyn Associates, P.A.

Case numbers: CP-39-1615, CP-39-1616

Court: Pickens County Court of Common Pleas

Tried before: jury

Name of judge: Honorable D. Garrison Hill

Verdict or settlement: verdict

Date of verdict or settlement: March 9, 2012

Amount: $2.4 million

Highest offer: No offer before trial

Insurance carrier: MAG Mutual

Attorneys for plaintiff: Jennifer Spragins Burnette and Anthony L. “Tony” Harbin, Standeffer & Harbin (Anderson)

Attorneys for defendant: Ashby W. Davis and David L. Williford, Davis & Snyder (Greenville)

Were liability and damages contested? Yes

Was opposing party represented by the legal counsel? Yes

Length of trial: one week

Has the plaintiff been successful in collecting the judgment? No