Appendix Lawsuit: Doctor Forgot To Do The Obvious

    April 11, 2014
    Toni Matthews-El
    Comments are off for this post.

You know, stress and busy schedules happen to us all. In the process of juggling day-to-day responsibilities, it’s highly likely that there are things that have been unintentionally forgotten at some point in our lives.

However if the the claim behind this lawsuit is true, it may be the ultimate version of, “You had one job.”

A New York investment banker named William McCormack needed his appendix removed. A surgery date was scheduled and then he underwent an appendectomy.

Dr. Michael Kerin performed the operation and McCormack left Lawrence Medical Center in Bronxville, N.Y. feeling like a new man. This is amazing considering that Kerin screwed up big time.

Fourteen months after the original surgery took place, McCormack underwent a second surgery at Adirondack Medical Center in Saranac Lake for what he thought was an unrelated medical ailment. A second doctor took a look at McCormack’s enlarged appendix and decided that it needed to come out pronto.

Imagine the confused expression on McCormack’s face when he read the surgery report and saw that he’d had an appendix removed…again.

The 43-year-old man did not peg himself as somehow walking around with a second appendix in need of removing and immediately hit Lawrence Medical Center and Kerin with a lawsuit.

“Dr. Kerin, as a surgeon, he should’ve known what an appendix looks like,” McCormack’s attorney Mitchell Baker said to CBS 2.

Kerin did not simply open up McCormack and sew him back up again; something was indeed removed from the patient. The object has been described as a three centimeter “yellowish mass”.

The mass looked absolutely nothing like the appendix that was in need of removal. Kerin either was having the off day to end all off days or perhaps he needs a refresher course in human anatomy.

There is no comment as of yet from the hospital or surgeon, but then what the hell can you say after something like this?


Image via YouTube

  • Mad Hatter

    Well written article Toni!

  • Blake

    Wooooo! What was the first operation, Laparoscopic or Open Appendectomy? Residual “Stump Appendicitis” has risen with the advancement of Laparoscopic Appendectomy. Laparoscopic, as opposed to Open, Appendectomy often proceeds with the placement of suture loops at the base of the appendix followed by transection and removal of the appendix. Alternately, a stapling device can be used instead of the the suture loops and transects the appendix at the same time as the device is activated. The subsequent “Stump” still has residual tissue and often infection. This “Stump” can then represent at a later time with infection —- “Stump Appendicitis.” “Stump Appendicitis”, or recurrent appendicitis, was very rare with Open Appendectomy because in this procedure the entire appendix is removed and any stump remaining is inverted and oversewn. Any recurrence of infection with a residual stump from Open Appendectomy then drains into the Colon. The Colon very easily handles the infection and the remaining stump is digested by the infection. Avoiding “Stump Appendicitis” with Laparoscopic Appendectomy is best avoided by using a stapling device that is placed over the Distal Cecum. The resected specimen in this manner then includes not only ALL of the Appendix but a Distal Segment of the Cecum — a “Appendectomy with Distal/Partial Cecectomy”. No Appendiceal Tissues Remains with this procedure so there is no chance of Recurrent Appendicitis. Partial Cecectomy also provides the benefit of the staple line being placed through usually uninvolved/non – infected tissue which reduces the chance of suture slippage or staple separation w/ resolving inflammation and resulting leakage of bowel contents leading to sepsis. “Stump Appendicitis”, or Recurrent Appendicitis, IS NOT MALPRACTICE with Laparoscopic Appendectomy, but rather a known and VERY REAL POSSIBLE COMPLICATION. The Benefits of Laparoscopic v. Open Appendectomy are consider to outweigh the consequences. Patients should be provided with informed consent of the possible complications and be allowed to make their choice. Laparoscopic Appendectomy results in less pain, faster discharge and less scarring than Open Appendectomy. “Stump Appendicits” is one of the possible costs of these benefits.