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Sommers Schwartz attorneys Matthew Curtis and Jay Yasso secured a $2.5 million settlement in a case alleging emergency room malpractice.  The plaintiff , then 33 ...
  • Esophageal Injuries from Unnecessary Endoscopy – Moceri v. Rochester Endoscopy & Surgery Center

Sommers Schwartz attorney Matthew Turner filed a medical malpractice complaint on behalf of a man who suffered severe injuries to his esophagus after an unnecessary and negligently performed capsule endoscopy.

According to the complaint, the plaintiff was evaluated by the defendant gastroenterologist for possible iron deficiency anemia and dysphagia. The defendant recommended that he undergo a capsule endoscopy to evaluate the GI tract. Such a procedure is not appropriate or suitable for patients without recurrent or persistent iron deficiency anemia because it carries much greater risk than having the patient swallow the capsule or doing alternative non-invasive studies. The plaintiff did not have recurrent or persistent iron deficiency anemia.

During the endoscopy, the gastroenterologist encountered difficulties passing the esophageal sphincter and failed to stop after his second failed attempt. As a result, the plaintiff sustained severe damage to his esophagus that required surgery to repair. The injury to the esophagus has caused pain, discomfort, loss of sleep, nausea, cognitive impairment, anxiety, depression, respiratory failure, and additional surgeries and hospitalizations.

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