Couple Files Malpractice Suit after Complications from Birth

By Daniel Hawn

Published on January 04, 2007

Swan and Brooke Swanson are seeking $2 million in damages after an alleged failed surgery left Brooke Swanson permanently incontinent.

According to the suit, after Swanson gave birth, Das attempted to repair an episiotomy – an incision to enlarge the birth canal, easing delivery – which had expanded to a fourth degree laceration.

Swanson experienced fecal incontinence in the following months, and after non-surgical treatment failed to correct the problem, Das consulted her and received consent for corrective surgery.

The suit alleges that the episiotomy repair failed, leaving Swanson unable to bear any more children. The suit also claims that Das botched an attempt to repair a sphincter defect, causing Swanson both fecal and urinary incontinence. According to Dr. Rebecca Rogers, who provided a report for the trial, these complications are not always preventable. Rogers believes that Das operated within the bounds of acceptable practice and is not responsible for Swanson’s condition.

The trial will take place in Belknap County Superior Court. The Swansons are represented by McKean, Mattson and Latici, P.A. Das is represented by Nelson, Kinder, Mosseau and Saturley, P.C. Jury selection is set for Jan. 8. The trial is expected to last five to 10 days.

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