Woman injured during surgery wins $2 million in lawsuit

By Daniel Hawn

Published on May 09, 2006

According to the lawsuit, in August 2001, Mary P. Smith, 38, detected a lump underneath one of her arms. She sought the care of Dr. Joy D. Marvin at Surgical Consultants of Joliet. Marvin recommended that the tissue be excised, although he did not conduct a biopsy, Smith's attorney, Bill Kozal, said. Marvin failed to inform Smith about the details of the procedure including the risks involved, Kozal said.

In September 2001, Marvin removed the mass, which measured approximately three inches long and two inches wide, said Ted Jarz, another attorney for Smith.

While he was stitching the incision, Marvin injured some of the nearby lymph vessels, the suit states.

The suit goes on to claim that the surgery was unnecessary as tests conducted later revealed the tissue contained no cancerous or pre-cancerous bodies.

Today, Smith suffers swelling and pain in her body from damage to her lymph nodes and nervous system. Because of her injuries, Smith is largely unable to use her right arm.

Marvin's attorney, Martha Swatek, said she expected the jury to find in favor of her client due to the complicated surgical matters involved in the lawsuit. She said Marvin may appeal the decision.

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