Agar v. Moore

Case Background

Almeda Agar filed a medical malpractice lawsuit after her left common iliac artery was cut with a trocar during a robotic total abdominal hysterectomy which led to a surgical repair and other complications including a slow-healing abscess.

Agar alleged negligence by her OB-GYN, Dr. William Moore, in causing the injury. The lawsuit was filed in the Arizona Superior Court, Maricopa County. Judge Keith Miller presided over this lawsuit. [Case number: 22-8]

Cause

Almeda Agar experienced severe abdominal pain and heavy bleeding, prompting multiple visits to the ER. Seeking a solution, she consulted Dr. William Moore, an OB-GYN at Mississippi Coast Ob/Gyn. After evaluating her condition, Dr. Moore recommended a hysterectomy, and Agar agreed to the procedure.

On September 24, 2020, Dr. Moore performed the elective robotic total abdominal hysterectomy at Ocean Springs Hospital. The surgery began at 12:05 p.m., but within 20 minutes, he identified a serious complication. A surgical instrument, the trocar, had severed Agar’s left common iliac artery, causing significant bleeding.

Agar’s condition rapidly deteriorated as her blood pressure dropped dangerously low. In response, medical staff initiated a “Crimson Code” emergency protocol. Dr. Moore then sought assistance from a cardio-thoracic surgeon, Dr. Jason Williams. Together, they converted the minimally invasive hysterectomy to an open laparotomy to address the injury. The team successfully repaired the damaged artery, stabilizing Agar’s condition.

Injury

After the surgery, Almeda Agar was moved to the ICU due to significant blood loss, requiring a transfusion. Despite initial efforts to stabilize her, she faced a challenging recovery marked by complications. She developed a slow-healing abscess that further delayed her progress.

Even after treatment, Agar continued to experience persistent abdominal pain, which has remained an ongoing issue.

Damages

She pursued both general and special damages, seeking compensation not only for the injury but also for her complicated recovery and ongoing pain.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Almeda Agar
    • Counsel for Plaintiff(s): David N. Harris, Jr.
    • Experts for Plaintiff(s): Dr. Steven McCarus
  • Defendant(s): Dr. William Moore
    • Counsel for Defendant(s): Jessica B. McNeel
    • Experts for Defendant(s): Dr. Donald Seago

Claims

In her lawsuit, Almeda Agar accused Dr. Moore of malpractice, claiming he caused her artery injury during the procedure.

Defense

Dr. Moore responded that the surgery was necessary to address Agar’s symptoms and that she was fully informed of its risks. The defense also argued that her ongoing symptoms were unrelated to the procedure, citing her long history of abdominal pain.

Expert Testimony

The Plaintiff’s standard of care expert, Dr. Steven McCarus, an OB-GYN from Orlando, Florida, testified on her behalf. The Defendant’s expert, Dr. Donald Seago, an OB-GYN from Jackson, explained that the injury was a known surgical complication. He stated that such complications can occur even in the best hands. Furthermore, when the complication arose, Dr. Moore quickly recognized it, called for assistance, and performed a repair.

Jury Verdict

The case was heard by a jury in Pascagoula, which returned a verdict on August 29, 2024, in favor of Dr. Moore on liability. As a result, Agar received no compensation. A defense judgment was then entered in this medical malpractice lawsuit.

Court Documents:

Available upon request