Jury Awards $1.3 Million in Case against Surgeon
By Daniel Hawn
Published on April 12, 2007
The jury held that Carolyn Shumate, of Pearisburg, died as a result of the negligence of Dr. David Meincke, a physician at Montgomery Obstetrics and Gynecology in Blacksburg.
On Feb. 5, 2004, Meincke performed surgery on Shumate at Montgomery Regional Hospital to remove an ovarian cyst. Two days later, Shumate began vomiting and experiencing abdominal pain. She was readmitted to the hospital, at which point Meincke should have arranged a CT scan to determine whether she was suffering from a hernia, said attorney Tony Russell, who represented Shumate's son.
Instead, Meincke performed surgery to correct what he thought was a hematoma, a blood build up. However, after beginning the procedure, he discovered a hernia with approximately 6 inches of dead bowel.
Meincke removed the dead tissue and reconnected the bowel. However, Shumate's condition grew worse, and she eventually had to be placed on life support.
Over the next six months, Shumate was treated at various hospitals and nursing homes before dying Aug. 15, 2004.
During the trial, Meincke's attorney argued that his client was not negligent in suspecting a hematoma instead of a hernia, since both conditions produce the same symptoms.
The jury's award included $1.1 million for Schumate's three children and $600,000 for Schumate's medical expenses.
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