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Jury awards $150K to woman in Talbot Co. malpractice case

A Talbot County jury awarded $150,000 in damages to an Easton woman Thursday for a botched procedure that caused her to have an emergency hysterectomy and to lose a kidney.

Barbara McCloy was 73 when she went to the University of Maryland Shore Medical Center in November 2016 to have a hysteroscopy and polyp removal procedure, according to the complaint. The doctor “managed to perforate the side wall of the uterus with her forceps” and removed the right ovary, fallopian tube and more than 18 centimeters of McCloy’s right ureter.

The doctor then performed a total abdominal hysterectomy, according to the lawsuit, which added that McCloy’s right kidney was so damaged it had to be removed later. McCloy was left with severe abdominal and pelvic pain, the lawsuit said.

The jury deliberated for nearly six hours before returning the verdict, which includes $75,000 in economic damages and $75,000 for noneconomic damages.

Defense attorney Curtis H. Booth, of Booth, Cropper & Marriner P.C. in Easton, said the jury was deadlocked 4-2 after approximately three hours — it was not known in which side’s favor — and was encouraged to continue deliberating.

McCloy’s attorney James D. Cardea said the medical procedure was supposed to be done on an outpatient basis and to take approximately 20 minutes, with two days for full recovery.

Cardea, who with co-counsel Tara Clary represented McCloy and her husband, said his clients were “very gratified” by the verdict.

“It brings them some degree of closure that they never had before this,” he said.

Cardea added that, historically, it is difficult to obtain a plaintiff’s verdict in a malpractice case in Talbot County.

“It makes this verdict particularly gratifying for my clients,” he said.

Cardea, of Schochor, Federico & Staton P.A. in Baltimore, said that the doctor testified McCloy’s injuries were the result of a known possible complication from the procedure, but that no expert could testify to any past instances of such a complication.

“The doctor would not admit she made a mistake, she kept referring to it as a complication,” he said. “I am pleased on behalf of my client that she was held accountable for that mistake.”

Booth said his client believed she did everything appropriately.

“It was a complication of a routine procedure and in the defense’s view a perfect storm of events occurred and resulted in something that’s extremely rare,” he said.

Barbara McCloy et al. v. Sharon Liu, D.O., et al.

Court: Talbot County Circuit

Case No.: C-20-CV-17-000208

Judge: Stephen H. Kehoe

Proceeding: Jury trial

Outcome: Verdict for plaintiffs ($75,000 in economic damages and $75,000 in noneconomic damages)

Dates:

Incident: Nov. 4, 2016

Suit filed: Dec. 5, 2017

Verdict: Sept. 12, 2019

Plaintiffs’ Attorneys: James D. Cardea and Tara Clary of Schochor, Federico & Staton P.A. in Baltimore

Defendants’ Attorneys: Curtis H. Booth of Booth, Cropper & Marriner P.C. in Easton

Counts: Negligence


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