Louisiana Record

Wednesday, April 8, 2020

Patient who allegedly had surgical mesh improperly implanted sues doctor and hospital

By Louisiana Record reports | Jun 2, 2014

Photo medical malpractice

GRETNA – A patient who received a surgical mesh implant that was allegedly improperly done is suing her doctor and the hospital where the surgery occurred.

Brandy W. Clement, and husband Ronald filed suit against Dr. Kelvin Contreary M.D. and East Jefferson General Hospital in the 24th Judicial District Court on May 5.

Clement asserts that on March 15, 2008 she received a letter from River Parishes Hospital informing her that a surgical mesh that had been implanted in her had been recalled. The plaintiff alleges on April 24, 2008 Contreary removed and replaced the mesh at East Jefferson General Hospital after which she complained of pain in the area in follow-up visits. Clement claims that nearly a month after the surgery and after making several trips to the emergency room for pain in the area of the surgery it was found that her surgical wounds were not healing and that fluid had collected in her abdomen.

The plaintiff asserts that Contreary reopened the surgical site for exploratory surgery and found necrotic tissue, but did not find evidence of infection. However, in follow-up visits Clement alleges she still was complaining of severe pain in the area of the surgical site. The plaintiff claims she underwent another exploratory surgery nearly a month after the first visit and Contreary again found no sign of complications. For 10 months following the last exploratory surgery Clement claims she still was in pain and that Contreary began to make light of her condition and call her a “problem child” and insisted hat the problem was psychological.

Nearly a year after the mesh reimplant Clement underwent an ultrasound after which another surgery was scheduled and the reimplant was removed and replaced by a new piece of mesh. Following the surgery hospital officials allegedly erroneously informed the plaintiff’s family that she had passed away while she had not. Further, Clement claims two and half years after the mesh was replaced she had lost 60 pounds and was experiencing severe health problems when she visited the emergency room at Ochnser Medical Center in New Orleans where exploratory surgery found that her abdomen was extremely infected and that the last mesh implanted in her had been put in upside down contributing to the complications at which point the surgeon removed the mesh and replaced it in the proper manner.

The plaintiff alleges that due to the actions by the defendants she has been unable to work at her job as a waitress since April 24, 2008 due to multiple surgeries and ensuing complications and that during part of that time she was also unable to care for her two children.

The defendant is accused of causing injuries suffered by the plaintiff, placing the mesh on the plaintiff’s intestines rather than her abdominal wall, ignoring the plaintiff’s complaints of pain, publicly mocking the patient, failing to professionally address the patient, failing to detect an infection at the surgical site, allowing surgical wounds to remain open for years, erroneously reporting the patient’s death, putting the patient’s life at risk and necessitating emergency surgery.

An unspecified amount in damages is sought for mental pain, physical anguish and suffering, medical expenses, disfigurement, disability and lost wages.

Clement is represented by Victor J. Brubaker of Baton Rouge-based Treadway Morris Lawyers LLC.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 738-129.

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