Woman Awarded $5M After 'Unnecessary' Hysterectomy
What's a uterus worth if it's valued as a reproductive organ?
Verdict: $5 million dollars.
What's a uterus worth if it's valued as a hormone responsive sex organ that supports the bladder and bowel, and provides cardiovascular protection?
Verdict: $0.
A decade after 31 years old Sharon Virginelli was unnecessarily hysterectomized, she was awarded $5 million Wednesday by a Cook County jury against the doctor who performed an unnecessary hysterectomy after the delivery of Virginelli's first child.
Kudos to Sharon Virginelli and her lawyer, Keith Hebeisen of Clifford Law Offices, for waging this courageous court battle, where it is rare for unnecessary hysterectomy lawsuits to be brought, and even more rare for them to be won.
A Cook County jury deliberated for about four hours before reaching its verdict following a one-week trial in Cook County Circuit Court.
Sharon Virginelli, underwent a C-section in May 1999 at Northwestern Memorial Hospital. Her obstetrician, Dr. Pamela Lui, performed the surgery and determined a hysterectomy was necessary due to post-operative bleeding.
Experts testified that her bleeding was slowing down and that less drastic surgical techniques could have been performed to avoid the hysterectomy.
Press releases and articles have focused on the fact that she is now unable to have children. Unfortunately the many other critically important, life long functions of the uterus as a hormone responsive sex organ that provides structural support and cardiovascular protection, appear to have been ignored.
Unquestionably, this is a legal victory. But as all hysterectomized women know only too well, no amount of money can compensate for the loss of their health, sex, sexuality, and vitality.
Labels: $5 million, $5m, hysterectomy, laparoscopic supracervical LSH survey OBGYN.net endometriosis sex orgasm Nora W. Coffey Rick Schweikert support, recovery, Sharon Virginelli, Woman awarded $5 million
posted by HERS Foundation @ 11:19 PM
44 Comments
44 Comments:
Every woman de-sexed by gynecological medical deceit for profit, allowed by our government, should be on disability and given a settlement for this torture allowed by the American Government.
Mattie,
We don't need compensation for what has been done to us, we need to stop hysterectomy without the information required for consent from being done to the next generation of women.
No amount of money can make up for the pain and suffering of millions of hysterectomized and castrated women.
Educate women and girls, tell them to watch HERS Female Anatomy video, so that they will inherit a legacy of awareness and information. Make a difference, one woman at a time.
Why was the case going on for 10 years? Could you please give some more information about the time line.
There are strong laws in New York state regarding sterilization and hysterectomy currently. They are not enforced and complaints are not even given an investigation.
Anonymous
I am so glad the jury found the doctor negligant in giving an unnecessary hysterectomy. As we all know, all hysterectomies and castrations are unnecessary except in the case of confirmed cancer. I too, sued my doctor, Dr. Jerome Gundersen of Gundersen Clinic in LaCrosse, Wisconsin, for castrating me. The courts ruled in the doctor's favor. It is very hard to sue a doctor, so I am so glad she was awarded $5 million. But as Nora stated no amount of money will bring your health and zest for life back. The damage is permanent.
Congrats to the woman who won ths case. I am orginally from Cook county. I sure hope this made the news. I believe it probably did which brings even more RECOGNITION to our cause. I am going to check with my mom asap! It's a big win for all of us in a sense.
If my law of statues wouldn't have run out I would have tried to sue. I believe I had one strong case. It would not have been for the money even though I am in a financial bind, it would HAVE BEEN for the point of it all. There is nothing that can bring back the quality of life lost when one suffers the effects of losing a uterus for absolutely no reason at all!
I lost my uterus in 2005. Since that day I continue to suffer immensely. NO MONEY can bring back the woman I was before that dreadful day.
So kudos to her! It's about time!
Janie
Madison, WI
And that's the irony in all of this, if lost of health, self, life, future wasn't all bad enough - it's the fact that nothing can repair and compensate for this total and most absolute neturalization of women. A surgery that then creates a 24x7, 365 days a year need for constant viligance as one searches for the mythical hormonal replacement and/or balance. Yes, an end to the common practice of unconsented hysterectomy is the only true solution.
TQ
I agree that this needs to be stopped first and foremost, but I also agree that the victims of this crime should be compensated and acknowledged. Money could never make up for what has been done to us (that's obvious), but getting nothing and being ignored isn't the answer either. The victims that were raped by priests were eventually compensated, and even though that didn't make up for the trauma, embarrassment or the years of living with it, at least it was something along with an acknowledgement. In this world we can only be awarded monetary damages for wrongdoing, we can't get our organs or bodies back. I don't think anyone thinks it's not important to stop this, only that the victims deserve to be heard and compensated too.
CNN recently interviewed a female gynecologist who delivered a baby and consequently, performed a hysterectomy, reason given, a torn uterus with severe bleeding, similar to this other case. Apparently, the Dr. and the patient had been friends until six months after the baby/uterus were delivered when the hysterectomized young woman sued the gynecologist. The gyne claims she was shocked when she was served the papers, but, eventually, she did win the law suit and the mother got nothing.The point of the CNN show was about the high rates of the gyne's mal practice inusrance which is $168,000 a year or such. This in itself speaks volumns! That they need this because of the unnecessary surgeries they perform that hurt women!I am furious at CNN for taking the position of the gyne. Please write to CNN and ask them to interview Nora and teach them and their viewers a thing or two!!! I am worried that Obama is going put a cap on law suits/settlements to reduce malpractice insurance and settlements. Please write your congressman/woman that hysterectomy must cease for benign conditions. In that case, mal practice insurance cost would go down because mal practice law suits would decrease. Also, health insurance rates would go down since hysterectomized women spend more money on their health care than any other group. It is no wonder we are less healthy than other nations that spend less per captia on health care, are healthier and live longer. It is no wonder gyne's insurance in this country is so high when they butcher hundreds of thousands of women yearly, more than one a minute, with this cruel surgery by severing nerves, blood vessels, ligaments, muscles, removing hormonally responsive organs(the most sophisticated in the animal kingdom and a miracle of nature) that interact with every hormonal system and cell in the human female body. This unnecessary surgery not only reduces a womans life span, but deprives her of her former good health and natural slow aging process which speeds up with hysterectomy (with/without removal of the ovaries).If the gynes gave up this barbaric, criminal, incomprehensible surgery (but lucrative to the gyne), we would be a healthier, wealthier nation and women would live longer and would lead happier, healthier and more productive, active lives!
For every woman annonymously willing to admit the medical truth about sex organ amputation, hundreds of women are prepared to lie to protect their sexual self-image.
Is HERS making progress with the Have Law petition?
I want to commend the lawyer and his willingness to help this woman. She had to be devastated and for the attorney to keep with their determination for woman's rights and the terrible loss that she had is very Honorable. I had something simliar happen and know that it is devestating and hard to find legal help. Thank you to those attorneys that cared!!!!
Anonymous,
HERS is making progress with the petition and with support from Congresswoman Maloney's support to change the law. It's a very slow process, but we're inching forward!
I am so happy to hear about the ruling. My Hysterectomy was done after a delivery of my fourth child. I would love to hear more about the trial and case. I to have been battling a medical malpractice lawsuit for over two years now and somedays I feel like giving up. This was encouraging. One of the the arguements I have been facing is that all of what I am feeling isn't real and I am making it up, (faking). I have never felt to awful since my hysterectomy. No money can replace what has happend to me.
Heather
If a man had his prostate or testicles removed post having his children his loss of sexuality and hormones would be compensated.
Women are not baby machines. I thought we all made this clear in the 20th century.
Loss of fertility through irresponsible and unnecessary surgery should be added to the loss of medical and sexual benefit a woman gets from her uterus all of her life.
I feel the same as Heather, there is no amount of money that can make up for the damage and loss of health, well being, and sexuality.
If there is anything HERS can do to help you with your lawsuit please let us know. The damage caused by the surgery is well documented in the medical literature. Your expert witness must become familiar with the medical literature so that he can support you in court.
I know how difficult it is to go through the legal process. It's exhausting and demoralizing to be treated that way. But bringing this action against the doctor is a victory in itself. Please know that there is a whole community of people on HERS blog that is cheering you on and totally support you.
Heather,
I agree that there is no amount of money that can compensate for what was done to you and all of us who were hysterectomized.
Please don't give up. As HERS stated, bringing action against the doctor is a victory in itself, not only for you but for all hysterectomized women. Reach out for support so you can see this through. As HERS stated, there's plenty of medical literature documenting the adverse effects of this surgery. Your expert witness(es) will need this information.
I tried to find a lawyer to take my case but was turned down due to tort reform and hostile juries in my county.
I have been taking action in other ways to expose the horrors of this surgery and to expose the doctors and hospitals. I've posted on many message boards to warn women. I've written to politicians and media. With all the discussions about health care reform, I'm puzzled that issues of too much treatment (including hysterectomy) have not been mentioned.
Please hang in there and see your case through. We're here to support you.
Of course no amount of money can fix the damage that is done to a woman when she is hysterectomized and castrated. However, do you think that hysterectomized women don't deserve any compensation? What about women who lose their jobs because they are unable to perform their job duties after hysterectomy/castration? What about the extensive medical bills that are accrued after this surgery for a lifetime?
June 2009 I visited my gyn for my annual exam at which time he moved my cervix to the point making me nauseous and ready to pass out on the table. after the nurse got me a cool cloth and a sip of juice I was not even able to sit up yet when he proceeded to ask me to schedule a biopsy and also a hysterectomy (before biopsy results)
the biopsy was negative for cancer but gyno still wanted me to schedule
hysterectomy anyway. I assumed that because of the simple hyperplasia
diagnosed 3 yrs. prior i must be at risk for future cancer so i scheduled it for oct 8, 2009...Only 3 wks. before surgery I couldn't feel at peace with this whole thing,
Something didn't feel right so i started to research both online & speaking with women who had it done. most women seem to do it because of cancer or severe pain and or
bleeding..(I bleed heavily only 2 days per cycle)...I called to cancel the hysterectomy & got first a
call back from his nurse and then a call from the gyno himself...I asked why were we even considering
hysterectomy anyway was it because of the hyperplasia?..he said "you
don't have hyperplasia anymore." What?? this is the first I heard that!
then why I asked? He said "because of your heavy menstruation." I said
but Dr..I only flow heavily 2 days a month..that doesn't warrant having
major surgery with all the risks and side effects associated with it! 3
years prior i had a novasure procedure done to calm down the 2 days of heavy bleeding that
interefered with my job, the novasure procedure didn't work because of the
hyperplasia the gyno said.
my husband & I had met with him prior to that procedure and when the
gyno suggested hysterectomy we were very clear that was not an option unless there was cancer. Why did this doctor bring up hysterectomy again and why when i was there
alone & in a most vulnerable state? I feel i could have been another
victim of this horrible, violent act that's committed against women!
Peacefulseeker,
I'm glad you listened to your inner voice and cancelled your surgery! A coworker had a similar situation in that he was going to do a hyst for heavy bleeding but then when that was under control, he came up with a different reason for her "needing" one. I tried so hard to warn her and persuade her not to "submit" to him, but she did.
My doctor used the scam of ovarian cancer for a large cyst. If only I had listened to my inner voice instead of letting my loved ones fears and the silence of hysterectomized women drown out my inner voice, I'd be intact today.
Please spread the word about these doctors' tactics. There are so many women that just cannot fathom that a doctor would be a scam artist or, minimally, not tell them the adverse effects of the surgery.
Please help us to fight the hysterectomy mill and "stick it to" these sociopathic ob/gyns and all who enable them. It makes me sick that they're getting rich off of these surgeries.
Be sure to rate that doctor on all the doctor rating websites and business search engines listed in the 22 Million Strong blog. Thanks in advance for any support you can provide in this effort!
I was trying to help a 35 year old woman understand the effects of hysterectomy. She became very irate and told me to "Quit referring to them as sex organs. They (the uterus and ovaries) are nothing more than a vessel for creating and carrying a baby and after that they become useless organs".
I left her alone.
I experienced post-menopausal bleeding at 57 yrs. old for about 3 weeks, which was how long it took to get an appt. with the gyno. He an ultrasound in his office and told me I had a big ugly mean looking mass. He said he was sure it was cancer and i needed to see an oncologist right away. He phoned an oncologist while me and my daughter were sitting in his office to schedule an appt. for the next day. The oncologist gave me a pelvic exam and confirmed I did indeed have a cancerous mass. The oncologist performed an unecessary hysterectomy because he said no biopsy or other tests were necessary. It was definitely cancer and was just a matter of finding out from pathology during my surgery what stage the cancer was in so we would know whether I would just need chemo or if I needed chemo with radiation. He told me if I didn't have the surgery, I would die within 2 or 3 mos. depending on how far it had progressed. He also told me while "he was in there" he would see how far it had spread and might have to remove lymphnodes and other organs depending on what else may have been affected. It turned out to be a mature benign teranoma which could have been discovered in a cat scan or MRI. Now I'm preparing a lawsuit. I have spoken to 10 attorneys. So far 8 have turned me away, 1 is going to contact me Monday and the 10th has not yet called me back. I have experienced depression, decrease in physical strength and energy, loss of sexual desire (my poor husband) and a little incontinence. Please, please always get a 3rd opinion before submitting yourself to such an intense surgery. I was told I did not have enough time and was scheduled for surgery 2 wks. later. This was back in March of 2008. Since then I had to undergo a hernia surgery as a result of weakened stomach muscles and have gained 20 pounds.
michele my case is so similar to yours i had a cystic mass and was told it was cancer and my oncologist scheduled me for surgery within two weeks. he promised me he would only perform a hysterectomy if it was indeed cancer. he even told me look im writing on the consent that the hysterectomy is possible it does not say that u will have it. but when i woke up from surgery he told me the cystic mass was benign and the hysterectomy went fine too. i was shocked. this happened two months ago. im trying to find a lawyer.
My wife got a Hysterectomy about 10 years ago when she was in her early 40's. We were told that she could still have sex, because the vigina would still be intact. But what they don't tell you is that a Hystorectomy removes the nerve system and 6 Harmones resposible for a woman's desire for romance, sex and other related functions. So since then, we've had zero sexual relations. There is no sex after a Hysterectomy.
I at only 21 years old had my first child and during a c section they gave me a hysterectomy. I can no longer have children and feel this could have been prevented. I'm glad she won! There is nothing to compensate this tho :(
This is completely ridiculous. An obstetrician only performs a cesarean hysterectomy because she thinks the woman is bleeding to death. Could the bleeding have been stopped? Maybe. But if one can let bleeding get so far that the patient stops clotting blood, and then she will likely die.
The obstetrician probably saved the woman's life. The tragedy is the completely ridiculous lawsuit, and its equally ridiculous verdict.
Nicholas,
Your comment made November 7, 2010, on the Academic OB/GYN's "The Blogcast for the Academic OB/GYN Physician", reveals the mindset of an ob/gyn who lacks compassion and humanity:
"I recently had the opportunity to go to the anatomy lab and help the first years go through the pelvic anatomy. What a blast! There is nothing like dissecting a cadaver to tune up one’s surgical anatomy skills, and helping young eager medical students through it is a great experience.
Prior to going into the lab, I spent many hours going through Netter’s atlas to brush up on the anatomy so I could. Its amazing what one can learn reviewing what one used to know."
Your lack of compassion is exceeded by your arrogance.
I had fibroids about 3 .....I looked and was asked if I was pregnaunt. Gained 20 lbs with these. I was told a hysterectomy would fix them.. I didn't want to go through the change early so he left one ovary..the other ovary was bloody and had cysts he said. He said the other one fine. I asked him to make the incision inside my belly button. He made it below it. He also cut me on each side of my belly button. The whole idea of the LSH was to have no visable scars. I wanted to keep my cervix also. only 43 years old. Within two days I felt a large lump under the incision on my right side..10 day check up Dr. says don't worry it will go away. 9 months later still there and back to cramping abdominal pain,cervical pain, nausea, no one ever did a hormone check. CT scan revealed hernia due to the laparoscopic port site on my right side. Also a cervical cyst. Any advise... I shouldn't have to be made to go thorugh another surgery. I feel worse than ever.
I'm so sorry about what you have experienced since undergoing a hysterectomy. If you contact HERS by filling out a contact form on HERS Home page at www.hersfoundation.org we will send you information that may be helpful to you.
First of all, let me say I am so glad that I came across this website... I wish to god that I was more informed before I had my hysterectomy. My 1st surgery was May 2008,I got out of the hospital 2 days later, the next day 1 went back. Then May 28th I had to go back for more bleeding, May 30th went back again more bleeding. Then June 18th I went back again, more bleeding. All the while I kept telling my doctor that I did not feel good and I felt like something was wrong. Finally the first of August she agreed to go back in and do exploratory and she found that my small intestines, my bladder, and my appendix were all attached to the top of the vaginal cuff. So needless to say, I underwent another 4 to 5 hour sugery. I also found out while reading all of my medical reports that she left gauze insid of me until she did the surgery on May 30th. And of course she never told me. I also found out from another doctor that when I was closed up inside that she sewed my vaginal area crooked. The way I feel now is unbelievable. I am sick everyday, I live with pain everyday, I cant go and do things with my kids, I cant have sexual intercourse with my husband without extreme pain, I cant go out to eat because I have to stay home and be right next to a bathroom and I can not get help. I have been trying to find an attorney to take a case against my doctor but because of the changes in mal practice suits, the 2 year statue of limitation and the cap on what you can receive, no attorney wants to take my case, its not worth their time. I guess that is what our wonderful president did for us. I am now trying to get enough women together to help me fight this. I dont think it is right that I should be sentenced to a life of pain and all the while the doctor goes about her business as though nothing has happened. If there are any women out there that would like to join with me and fight to make the changes neccessary, please email me. No amount of money can take away what I and I know hundreds of other women have gone through.
I am so glad to have come across this link. Now i know there are more women like me out there, unfairly robbed of our womanhood. No money in the world can replace my uterus.
I have never had kids, and finally when i decided it was time, I went see a doctor who told me i had fibroids, and the only way i could get pregnant was by removing them surgically.
I scheduled for robotic myomectomy for 05/17/2011, following the doctors advice. The surgery was supposed to take only 2 hrs, but when i woke up, it was 12 hours later, and only to be told i had a hysterectomy and not a myomectomy, apparently, the doctor said my uterus was bleeding a lot and the only way to stop the bleeding was removing it.
I have never been the same since.My life was turn upside down just like that without my consent.I have suffered depression, ulcers and high blood pressure following the psychological trauma. Any hopes of ever having a child at all are gone completely. I tried contacting a lawyers but the few i have talked to said i have no case. In the meantime i have to accept my condition and live with it because the doctor decided so without my consent.
The Doctors have no right, and they need to be stopped.
I am so sorry this was done to you. You're right, doctors must be stopped from taking the female organs from women.
HERS may be able to help you find a lawyer. First you will need to get all of the medical records from the hospitalization. You can send your medical records to HERS, then call 610.667.7757 to schedule a telephone appointment to review your records with a counselor by phone.
If you have not received information from HERS you can go to www.hersfoundation.org and click on Contact.
While you are at HERS website watch the short video "Female Anatomy: the Functions of the Female Organs", and the trailer of HERS conference. They will give you some of the information and support you have not had since your surgery.
I too had a hysterectomy at age 26. It was a little over a year after I had my first and only child. I was/am suffering from severe pelvic pain. My gyno said it was because of cysts on my right ovary so she went in and removed it, while in there she said she was I had endometriosis and the only way to stop the pain was to do a total hysterectomy, but she would leave my left ovary, she stated that cuz of doing that, nothing will change. since my percedure I have every symptom in the book. I had every test from simple abnormal blood to bone marrow biopsy. I live in constant pain all over, mainly in my joints, I am soo exhausted all the time, and i gained over 40lbs. My white count keeps rising for no reason, my heart is now enlarged as is my right kidney, i have severe stomach issues and am so depressed. And the worst part is, all this started after my hysterectomy and I STILL HAVE THE PELVIC PAIN. The surgical report states that i did not have endometriosis at all. Several people/doctors said my gyno is just hysterectomy happy! We do need to make our children aware of this. If she wouldnt have lied to me I wouldnt be in the mess im in.
Can I get compensation for having had a hysterectomy cause the dr said I didnt have a choice?
My hysterectomy saved my life. We are such a sue-happy, litigious society.
If you think or feel that a hysterectomy saved your life you may feel that suing the doctor for removing your sex organs is not appropriate.
Hysterectomy is rarely a life saving surgery, and it is almost always performed on women who were not given information about the consequences of the surgery. In law this is considered lack of informed consent, a case that is almost impossible to win because women had no idea of the damaging effects of hysterectomy when they signed the consent form. In fact, women ask very good questions about the consequences of hysterectomy, and they are routinely lied to by gynecologists.
Of course doctors do not admit that they lied to women about the effects of the surgery, instead they say they told the woman everything. There is no proof that the gynecologist either failed to provide the information or outright lied about the damaging effects of the surgery.
Litigious? Sue? No, it's nearly impossible to find a lawyer who will bring a medical malpractice lawsuit for lack of informed consent. And you can't blame lawyers, they are not able to find doctors who will testify against other doctors.
So glad I came to this website.My surgery took place some time ago but I would not wish this surgery on my worst enemy.I went in at 39 yrs.I am in my 60's now.I went in because of fibroids. Hysterectomy was the only solution that I was given and after surgery learned that ovaries needed to be removed due to endomitriosis.I took a year to get 3 opinions before my surgery.My doctor was a female gyno. Upon awakening from surgery she introduced me to a man that she said surgically removed all of my organs. She never told me that she would not be doing my surgery.I have had several heart attacks and strokes, 40 lb. weight gain due to hormone embalance which I battle to control,they short circuited all my nerves, and somehow tied my rectum to my remaining nerves.My rectal muscles are extremely weak.Please encourage other women to investigate before agreeing to being castrated. There life is worth the wait.
I'd rather have my precious priceless female organs than all the money in the world.
5 years ago I had hysterectomy surgery, I've been having additional surgeries. I had 1-3 surgeries each year since. Getting a hysterectomy was one of the biggest problem I've had since. Doctor messed up. I'm in poor condition. Lawsuit been going on for 5 years.
I am so sorry, Jackie, that we did not connect before your surgery. What type of surgeries have you had since the hysterectomy?
HERS may be able to help you with your lawsuit, and possibly with some of the physical problems you are experiencing.
HERS website is www.hersfoundation.org/anatomy. You can call, email or fill out the Contact form.
In 2008 I had a hysterectomy. My doctor convinced me to have a full abdominal one, I was told it would be best for me.
I didn't know that she also did a sacral y sling with polypropylene.
I've been in constant pain ever since. I just had another doctor tell me that what she did is usually done as a last resort when prior surgeries fail. That it is drastic and extreme.
Do I have a malpractice suit against the doctor after this length of time?
I have tried to continually get help from doctors previously but no one would help or listen.
If they offered me all the money in the world or my organs back, In a heartbeat I would say: GIVE ME MY ORGANS BACK!
I just had hysterectomy because of my gynae negligience last year after i had secondary postpartum heamorrhage, he only came to the hospital after 3 hours I arrived hospital and the last resort to stop the bleeding is to remove my uterus..
Hi my name is Regina and July 21,1999 i had emergency c-section because 1 of my twins was breached but healthy but 24 hours later i started running a fever and feeling sick and my doctor told me i have nothing to worry about because i was on antibiotics and would take care of any infection going on but i couldnt be around my twins because of the fever ,i continue to run a low fever with pain and was told to stay on top of my pain with my medication this went on for some time and i mean months and months of telling my dr i felt like i had the flu !! 1 year later same problems and now hes fed up with me and now telling me he thinks im addicted to my pain medication and the medication is causing me to be constipated and now wants me off of all medication!! i still had pain and a fever months later and finally decided to to a laparoscopy ,my dr told me it will take about 15 min and a few stiches so i didnt make my husband to take off from work i just had my mom take me because its a out patient well thats what i thought untill i woke up in a private room in severe pain and finding out i had to have a hysterectomy because i had a severe infection that supposedly almost killed me .now im on hormones and just wish my dr could've just listen to me .😪💧💧
Regina, I am so sorry you were not diagnosed and treated appropriately when you clearly had symptom of pelvic infection. It may be helpful to you to speak with a counselor at HERS. All counseling is by phone and by appointment. If you would like to receive information by email please go to HERS website at www.hersfoundation.org and click on "Contact" in the navigation bar. If you would like to schedule a telephone counseling appointment cal HERS at 610/667-7757.
Post a Comment
Subscribe to Post Comments [Atom]
<< Home