Couple Awarded $7.5 Million in Medical Malpractice Lawsuit

A North Carolina jury awarded a former Cumberland County couple $7.5 million after determining medical malpractice played a role in the severe illness and ongoing injuries suffered by the wife after colon surgery.

The jury awarded the injured plaintiff damages for her injuries and non-economic losses while her husband was awarded a second amount for loss of consortium due to his wife’s injuries.

Colorectal surgery led to illness, injuries

Melode and Gregory Dickerson were living in Cumberland County when the injuries occurred at Owen Drive Surgical Clinic of Fayetteville. The couple has since moved to Florida, although the lawsuit was filed in Cumberland County Superior Court. In their complaint, the plaintiffs allege Melode Dickerson underwent surgery in June 2010 to remove a portion of her colon that contained what was suspected to be a cancerous mass. It was discovered after the surgery that the mass was benign.

Dr. Florias Andrew Morfesis, the surgeon that performed the surgery, reportedly left a leak when he joined the two ends of the colon together after removing the mass. The leak caused dangerous infections after the initial surgery that left Dickerson severely ill for a number of months. After many lengthy hospital stays, two more surgeries and a six-week coma, physicians discovered the leak in October 2010. A fourth surgery was performed to repair the leak at that time.

Leakages in the colon after colorectal surgery is one of the most concerning complications of the procedure. According to a 2006 study, which was published in the journal Clinics in Colon and Rectal Surgery, mortality rates attributed to a leak can range from 6-39 percent. The study also found early detection of leaks can significantly impact mortality rates.

Chronic injuries persist despite corrective surgery

Since the last surgery, Dickerson claims she still suffers from chronic diarrhea and persistent abdominal pain. She further asserts she will require medical care for the rest of her life as a result of her doctor’s surgical errors. Defendants in the case countered that poor health following surgery had other causes and the leak in the colon occurred after the initial operation, explaining why the leak was not detected for a number of months after surgery.

The jury found in favor of the plaintiffs, determining physicians were negligent in failing to diagnose Dickerson’s leak in her colon sooner. They awarded Melode Dickerson $3.24 million in economic losses and another $4 million for non-economic damages caused by her initial injury and her ongoing medical problems. Gregory Dickerson was also awarded $300,000 for loss of consortium.

State caps lower jury award

After the medical malpractice verdict, a state law slashed the award to $4 million, after the jury determined the physicians named as defendants in the case were negligent, but not reckless. That decision lowers the amount of the non-economic damages to just $500,000 under a 2011 tort reform law. The law also eliminates the $300,000 loss of consortium awarded to Gregory Dickinson.

According to a report at the Fayetteville Observer, the plaintiffs believe the award cap is unconstitutional, particularly in light of the fact that jurors are not advised of the cap before or during deliberations. However, the plaintiffs have no plans to appeal the award cap at this time.

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