Dangers of Bariatric Surgery: $4,500,000.00 Gastric Bypass Settlement

Dangers of Bariatric Surgery: $4,500,000.00 Gastric Bypass Settlement

In 2007, Pedroli & Gauthier settled a claim against a St. Louis area hospital’s gastric bypass weight loss program for $3.5 million.  The bariatric surgeon contributed an additional $1 million to make the case a total settlement of $4,500,000.00, a record that year for a medical malpractice case.  This is one of the largest wrongful death malpractice settlements in the State of Missouri.  The case settled after substantially all discovery was completed.  Therefore the case was successfully handled through the litigation process.

The lead attorney was Robert H. Pedroli, Jr.

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The client agreed to a confidential settlement so the parties cannot be revealed. This was the largest medical malpractice settlement in the State of Missouri for 2007 even without the Million Dollar contribution of the surgeon.

Medical Negligence,  Case filed in the City of St. Louis

Negligence can cause avoidable consequences for the patient

Negligence can cause avoidable consequences for the patient

Parties: Client’s (family of decedent, male in his 50′s) v. confidential surgeon, confidential hospital and hospitals weight loss program.

Due to the confidentiality clause in settlement agreement, only the following information may be revealed about the case:

In a law suit filed against a bariatric hospital and the hospital’s weight loss program, a settlement was reached for $3,500,000. for negligent relating to the advertising and the choice of surgeons performing the surgery for the program at the hospital. The surgeon was also sued for negligence in performing the surgery and for follow up care.  The settlement was reached near the trial date after the depositions of plaintiff’s expert witness.  

To learn more about our experiences in bariatric surgery malpractice cases go to the medical malpractice section of this website.

Opinion of the firm:  In our opinion based upon our years of experience in handling these cases, bariatric surgery is a very risky procedure and not just because of the serious acknowledged risks.  There are hidden risks that lie beyond these often discussed risks.  The technical expertise required by the surgeon is tremendous.  Not all surgeons have the skill level, training, mentoring and experience developed within a proper medical center.  Not all facilities that offer these procedures have adequately trained staff, equipment and physicians who may called upon to consult for problems and complications that may arise.  Not all surgeons have been involve in a significant number of cases to see and recognize serious complications.  There are a constellation of symptoms and signs for leaks, fistula, nutritional problems, strictures and et cetera  that may be difficult to recognized because of the obesity and other problems that overweight patients may have.  Bariatric surgery is a big money making program for the surgeons, the medical centers and the supporting personnel and professionals.  The lure of profit may cause a struggling medical center to create a bariatric surgery program.  In one case we handled the medical center was having financial difficulties and their bariatric program put them into the black.  Much of the profits were made in treating the patients who suffered significant complications from bariatric surgery.  Sometimes the charges for treating these patients is in excess of a million dollars.  Make sure that you research your surgeon and the program prior to making this important life altering decision.

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