May 18, 2015

Contact:  Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023


Medical Malpractice Defense


Laura Postilion

COOK COUNTY, Chicago ― Trial attorney Laura G. Postilion, a partner from the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A. (QPWB), received a defense verdict on behalf of an internal medicine physician in a case of alleged medical malpractice in which plaintiff alleged that an improper technique during a hemorrhoid procedure caused a massive arterial bleed.
The plaintiff alleged that the treatment was not medically indicated and that the doctor applied excessive pressure during the treatment.
On December 27, 2011, 36 year old plaintiff, Jason Hamstra, presented to the defendant, 60 year old internal medicine physician, Dr. Mensur Sunje, for the last of three infrared coagulation [“IRC”] procedures to treat his bleeding and painful internal hemorrhoids.
Plaintiff alleged that the intense infrared energy from the IRC device burned through the wall of a blood vessel. Plaintiff further argued that a scab formed over the defect in the blood vessel and “tamponaded” the blood for the next five days. On the morning of January 1, 2012, plaintiff began to expel copious amounts of blood from the rectum, along with blood clots the size of cantaloupes. Plaintiff proceeded to Weiss Memorial Hospital’s emergency room. He was tachycardic, hypotensive, and severely anemic. Plaintiff underwent a colonoscopy, but cautery failed to stop the spurting arterial bleed; thereafter, surgery was emergently performed. Plaintiff was hospitalized for five days and received eight units of blood. He continued to suffer from pain and anxiety after his discharge from the hospital.  He was unable to work for several months. (Medical bills totaled approximately $60,000). Plaintiff alleged that the third IRC treatment was not medically indicated, and that excessive pressure applied during the procedure invaded a rectal blood vessel.
The defense contended that the third procedure was medically indicated and that the amount of pressure applied to the hemorrhoidal tissue was appropriate. Moreover, the defense argued that the sole proximate cause of plaintiff’s injury was an erosion of the IRC ulcer into the rectal artery due to the plaintiff’s natural inflammatory response in combination with the plaintiff’s cigarette smoking, alcohol consumption, and ingestion of methylprednisolone.
Plaintiff requested $260,000+ from the jury (approximately $60,000 in medical expenses, $200,000 for pain and suffering, and an unspecified amount for loss of a normal life).
After a weeklong trial, it took the jury just one hour and forty minutes of deliberation to return a defense verdict.

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