The 55-year-old plaintiff and her spouse contended that defendant’s failures to properly counsel her about her risk of vitamin deficiencies, obtain appropriate blood-vitamin level testing at appropriate intervals, and more aggressively administer vitamin supplementation, notably B1 (thiamine), in the presence of persistent vomiting, frothing, excessive postoperative weight loss and weakness, caused her to develop a severe thiamine deficiency and Wernicke’s encephalopathy, with permanent injuries including impaired vision, inability to focus, and gait imbalance and weakness.
Plaintiff underwent a sleeve gastrectomy by the defendant in April 2018. Thereafter, she developed vomiting, frothing and dehydration, for which she was administered intravenous fluids in the office twice, and once in the hospital, within three months of the surgery. The plaintiff was not maintaining adequate hydration as she had been educated about before surgery, and after. She also was not taking her post-operative vitamins as directed, although she and her spouse denied that at trial. Ultimately, the jury found that the defendant had met the standard of care in all respects, including the timing of the blood- vitamin level and vitamin supplementation. The defense was supported by the impressive trial testimony of the defendant herself, and another board-certified bariatric surgeon.
The jury returned its verdict within three hours of beginning its deliberations.
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