Phillips, et al. v. Perkins, et al

Case Background

Robyn Phillips and her husband filed a medical malpractice case against an ob-gyn at Southside Ob-Gyn, alleging a breach of standard of care. She claimed that during a laparoscopic procedure to treat an ovarian cyst and pelvic adhesions, her ob-gyn accidentally perforated her bladder and failed to identify and treat the injury in time. The case was filed in the Indiana Superior Court, Marion County, with Judge Patrick J. Dietrick presiding. [Case number: 49D12-2106-CT-19444]

Cause

In October 2017, Robyn Phillips experienced pelvic pain. On October 19, she consulted Dr. Bryan Perkins, an ob-gyn at Southside Ob-Gyn in Indianapolis. An ultrasound revealed a right ovarian cyst and pelvic adhesions.

Phillips had a medical history of two prior C-sections and a hysterectomy with removal of her left ovary. This raised her risk for post-operative complications. Nevertheless, Dr. Perkins performed a laparoscopically-assisted procedure on October 31 at the Franciscan Surgery Center to treat the cyst and adhesions.

During the procedure, Dr. Perkins found several loops of small bowel adhered to Phillips’s vaginal cuff and pelvic sidewall. Despite this, he chose not to convert to an open surgery.

Phillips was discharged the same day. On November 1, her husband, Shane, called the office to report that Phillips was in severe pain and unable to sleep. Dr. Perkins prescribed Percocet but did not ask her to come in for an examination.

The next day, November 2, Phillips went to the ER at Community Hospital with nausea, vomiting, shortness of breath, abdominal and left upper chest pain, facial numbness, and difficulty speaking. Doctors diagnosed Phillips with a bladder perforation and transferred her to the ICU. They intubated her for four days, and she was discharged on November 10.

Injury

Over the following month, doctors repeatedly hospitalized Phillips for fever, abdominal pain, infections, urinary leakage, and voiding issues. Her symptoms persisted for the rest of her life.

Damages

Plaintiffs sought compensation for their losses. Phillips’s medical expenses totaled $ 185,962. Of that amount, $ 65,504 was written off, leaving a total of $ 120,458. Additionally, Shane filed a loss of consortium claim.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Robyn Phillips | Shane, Robyn Phillips’ husband
    • Counsel for Plaintiff(s): Kelley J. Johnson | Katherine Franke
    • Experts for Plaintiff(s): Dr. Javier Magrina
  • Defendant(s): Dr. Bryan Perkins | Southside Ob-Gyn
    • Counsel for Defendant(s): Laura K. Binford | Beau Browning
    • Experts for Defendant(s):  Dr. Michael Moen

Claims

Phillips and her husband presented their case to a medical review panel made up of three ob-gyns: Dr. Joseph Geyer from Noblesville, Dr. Anita Mazdai from Avon, and Dr. John Cleary from Indianapolis.

Plaintiffs criticized Dr. Perkins for several reasons, including his failure to recognize her increased risk of postoperative complications, his failure to promptly identify and treat her bladder injury, and his choice not to convert to an open procedure when small bowel adhesions appeared.

The panel unanimously concluded that Dr. Perkins’s treatment did not violate the standard of care for ob-gyns. Phillips then filed a lawsuit against Dr. Perkins and Southside Ob-Gyn based on these claims. Additionally, Shane filed a loss of consortium claim.

Phillips passed away from unrelated causes on October 9, 2021, four years later. Her estate, managed by Shane, was substituted as the co-plaintiff. Both parties agreed that the plaintiffs were not claiming that the defendants were responsible for Phillips’s death.

Defense

Dr. Perkins and Southside Ob-Gyn defended the case, denying any breach of the standard of care. They argued that Phillips’s injury was a known complication, which did not automatically suggest malpractice.

Expert Testimony

The plaintiffs’ expert was Dr. Javier Magrina, an ob-gyn from Phoenix, AZ. The defense expert was Dr. Michael Moen, a urogynecologist from Park Ridge, IL.

Jury Verdict

The case was tried over four days in Indianapolis. On July 25, 2024, the jury returned a verdict in favor of Dr. Perkins and Southside Ob-Gyn. Following this, the court issued a defense judgment.

Court Documents:

Available for purchase upon request