Jury rejects med mal lawsuit against St. Louis health care facilities

A St. Louis County jury has sided with Mercy Hospital in a medical malpractice lawsuit brought by an Illinois woman who claimed that delayed treatment of an infection after a 2020 C-section led to the removal of her uterus and ongoing pelvic pain, as well as post-traumatic stress.

Blanche Lisson sued Mercy Hospital East Communities, Mercy Clinic East Communities and seven treating physicians over her care, alleging that the hysterectomy that prevented her from having any additional children could have been avoided.

The jury found otherwise, delivering a unanimous verdict in favor of the remaining defendants (four providers named in the initial complaint were dismissed before trial) after less than two hours of deliberation after a six-day trial in October 2024. A motion for a new trial was rejected by Circuit Judge Stanley Wallach in January.

“Simply put, this was a case involving a patient with a very rare postpartum infection which presented in an extremely atypical fashion,” said defense attorney Mandy Kamykowski. “She also had another serious postpartum complication (post-operative ileus/slowing of the bowels) that was being managed by not only the OB-GYN defendants but the trauma surgery specialists.”

Despite being treated for a presumed intrauterine infection very early in her postpartum course, the bacteria led to necrosis (tissue death) which cannot be treated with antibiotics and, despite being treated appropriately, “she ultimately lost her uterus,” the attorney added.

The jury was also likely swayed by “numerous audio recordings the patient and her husband made without the knowledge of any of the providers (to) support the fact that she was a very active participant in her care decisions and that she was adequately informed of all the risks and benefits of the decisions being made — from the prenatal period through her hysterectomy procedure,” Kamykowski added.

Plaintiff’s attorney Patrick Joe Phillips declined to discuss details of the case, beyond clarifying his client’s demand amounts and a $35,000 pretrial settlement offer made one month before trial.

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Defense verdict

Medical malpractice

Venue: St. Louis County Circuit Court

Case Number/Date: 21SL-CC02185/Oct. 22, 2024

Caption: Blanche Lisson, Justin Lisson v. Christina Byron, M.D.; Margaretta Mendenhall, M.D.; Leah Glass, D.O.; Mercy Hospitals East Communities, d/b/a Mercy Hospital St. Louis;  and Mercy Clinic East Communities, d/b/a Mercy Clinic Women’s Health

Injuries alleged: reproductive, urinary

Injuries detailed: Plaintiffs claimed delayed treatment of post c-section infection resulted in hysterectomy and ongoing pelvic pain, as well as PTSD. Plaintiffs asked the jury to award $900,000 for past and future economic damages; $2.5 million for past and future non-economic damages, and $1 million for Justin Lisson’s loss of consortium, totaling $4.4 million

Plaintiff’s experts: Dr. Richard Snepar, East Brunswick, New Jersey (infectious diseases); Dr. John Paul Brennan, Brooklyn, New York (obstetrics/gynecology)

Defendant’s expert: Dr. William Lee, Vanderbilt University, Nashville, Tennessee (obstetrics/gynecology)

Judge: Circuit Judge Stanley Wallach

Plaintiff’s attorney: Patrick Joe Phillips, Law Offices of Joe Phillips, St. Louis

Defendant’s attorneys: Mariel Taylor (lead) and Mandy Kamykowski; Kamykowski & Taylor (St. Louis, Missouri)