CLYDE PAIR AWARDED $3.75 FOR SURGERY

Clyde pair awarded $3.75M for surgery

A Sandusky County couple won a $3.75 million judgment yesterday in Lucas County Common Pleas Court in a medical malpractice lawsuit against a Toledo physician.

A jury awarded the money for damages to John and Phyllis Hutchins, of Clyde, who filed the complaint in 2004 against Dr. Michael G. Rashid, of Genito Urinary Surgeons Inc., 3500 Executive Pkwy.

The litigation stems from complications suffered by Mrs. Hutchins in November, 2002, during surgery on an abdominal aortic aneurysm at Toledo Hospital in which Dr. Rashid participated.

The verdict included $3.5 million for Mrs. Hutchins and $250,000 to her husband for loss of consortium.

Brian Eisen, one of the Cleveland attorneys who represents the couple, said after the operation on the aneurysm, which was performed by another surgeon, Dr. Rashid elected to remove her left kidney.

Mr. Eisen said removal of the organ was unnecessary and serious complications ensued during the operation that caused the patient to lose nearly 11 liters of blood, resulting in the permanent loss of her vision.

According to another of the Hutchins' attorneys, Laurel Matthews, even with the aid of a vascular surgeon who was called in to assist him on an an emergent basis; it took Dr. Rashid 10 1/2 hours to perform a procedure that is usually accomplished in less than 5 hours. In addition to having to replace "massive" blood loss throughout the operation, the removed Mrs. Hutchins' spleen and had to perform a permanent colostomy as a consequence of significant vascular injury her colon. According to Ms. Matthews, the doctors were unaware of Mrs. Hutchin's worst complication until she woke up in the recovery room at which time she was found to be blind in both eyes.

A unanimous jury agreed with the plaintiffs that the surgical care rendered by Dr. Rashid in this circumstance was below accepted standards for a urologist and proximally caused Mrs. Hutchins' pain, suffering, and permanent disability. "However, there were some incredibly good doctors in this case thwho saved this woman's life," said Dr. Laurel Matthews, a plaintiff's attorney in the case.

John Bodie, an attorney for Dr Rashid, said he was disappointed with the verdict.

He said there inconsistencies in the way evidence was presented during the trial, which began last week in the courtroom of Judge Frederick McDonald.

"We will be exporing the options as we move forward," he said.

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