Patrick Stockalper obtains defense verdict after only 90 minute jury deliberation

Plaintiff Scott Stotelmyer, born on January 23, 1960, underwent single incision laparoscopic ventral hernia repair by Defendant, Sam Carvajal, M.D., on March 22, 2013 at Glendale Adventist Medical Center. On December 22, 2014, Dr. Carvajal performed a mesh repair surgery (as well as a Heller Myotomy and Durr fundoplication for an esophageal abnormality) by trimming a piece of mesh he had placed during the March 22, 2013 hernia repair surgery. This was performed to address laxity of the mesh he had placed during the March 22, 2013 surgery and to tighten Plaintiff’s abdominal area. Plaintiff eventually underwent an open ventral hernia repair surgery for recurrent hernia on December 2, 2015 by Chris Chandler, M.D. at UCLA Medical Center, at which time, Dr. Chandler removed all existing mesh and placed new mesh. Plaintiff has done well since that time with no further hernia recurrence. Plaintiff alleged that Dr. Carvajal fell below the standard of care by failing to remove all existing mesh during the March 22, 2013 and December 22, 2014 surgeries, thereby resulting in an ineffective repair and the need for an open ventral hernia repair surgery on December 22, 2015. Plaintiff also alleged that Dr. Carvajal placed “mesh on mesh” during the March 22, 2013 surgery, thereby compromising the integrity of his hernia repair. Plaintiff designated a general surgeon expert who was critical of Dr. Carvajal as was the treating surgeon who performed Plaintiff’s December 2, 2015 surgery. Following a 90 minute deliberation, the jury returned a verdict on behalf of Dr. Carvajal concluding that he was not negligent and complied with the standard of care.