Jensen-Winkert vs. Virginia Hospital Center Physician Group, LLC

Case Background

On May 25, 2023, Plaintiff  Gina V. Jensen-Winkert filed a Medical malpractice lawsuit in the Virginia State, Arlington County Circuit Court(Case number: CL-23-2217). Judge Daniel S. Fiore II presided over this case.

Cause

On October 26, 2020, regarding bariatric surgery, Gina V. Jensen-Winkert consulted with J.R. Salameh, M.D., at Virginia Hospital Center Physician Group, LLC. During the consultation, Jensen-Winkert clearly expressed her preference for gastric sleeve surgery after being informed about various surgical options. Over the next year, she consistently reiterated her desire for the gastric sleeve procedure. On October 8, 2021, Jensen-Winkert signed a four-page informed consent document for gastric sleeve surgery.

However, on October 11, 2021, a Virginia Hospital Center Physician Group, LLC surgical scheduler mistakenly changed Jensen-Winkert’s surgery from gastric sleeve to gastric bypass. This error went unnoticed by the medical team. When Jensen-Winkert arrived for surgery on December 16, 2021, she signed a day-of consent form that incorrectly referenced gastric bypass surgery. Despite extensive preparation for gastric sleeve surgery, Dr. Salameh failed to recognize the scheduling error and performed gastric bypass surgery on Jensen-Winkert.

Injuries

As a result of undergoing the wrong procedure, Jensen-Winkert experienced severe complications. She was unable to tolerate oral intake of food and liquids, which led to significant physical distress. Later, she was hospitalized with an ulcer at the anastomosis site created during the gastric bypass surgery. Additionally, she suffered from recurrent vomiting and diarrhea, common complications associated with gastric bypass surgery. The incorrect surgery left her with an increased risk of malnutrition and other long-term complications typically associated with gastric bypass, further exacerbating her health condition.

Damages

Jensen-Winkert’s injuries led to both physical and emotional suffering. The gastric bypass procedure caused her ongoing gastrointestinal issues, including persistent nausea and difficulty eating. She faced the risk of malnutrition and additional complications, requiring continued medical attention. The costs of additional treatments for the ulcer and other complications added to her medical bills. Furthermore, Jensen-Winkert’s quality of life was severely impacted as she struggled with daily health challenges following the surgical error.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Gina V. Jensen-Winkert
    • Counsel for Plaintiff: Richard L. Nagle | Travis W. Markley | Benjamin M. Wengerd, Reston
  • Defendant(s): R. Salameh, M.D.| Virginia Hospital Center Physician Group, LLC
    • Counsel for Defendants: N/A

Claims

Jensen-Winkert filed a medical malpractice lawsuit against Virginia Hospital Center Physician Group, LLC, and Dr. Salameh. She claimed that the surgical scheduler’s error, which changed her surgery from gastric sleeve to gastric bypass, constituted a breach of the standard of care. Additionally, Jensen-Winkert alleged that Dr. Salameh failed to review her medical records and confirm the correct surgery prior to the procedure, further breaching the standard of care. This failure led directly to her physical injuries and long-term complications. Jensen-Winkert’s claim highlighted the hospital’s negligence in ensuring that her surgical plan was properly followed, which caused her unnecessary suffering and damages.

Defense

Virginia Hospital Center Physician Group, LLC, and Dr. Salameh denied liability for the injuries sustained by Gina V. Jensen-Winkert. They asserted that the medical team followed all appropriate protocols in preparing for the surgery. The defense claimed that the surgical scheduler’s error in changing the procedure from gastric sleeve to gastric bypass was an isolated mistake and did not reflect a pattern of negligence. They argued that Dr. Salameh had reviewed the medical records, including the preoperative workup, and acted in good faith based on the information available at the time of the surgery.

Additionally, the defense contended that any complications Jensen-Winkert experienced, including the ulcer and gastrointestinal issues, were a known risk of gastric bypass surgery and were not caused by any deviation from the standard of care. They emphasized that Dr. Salameh had not been alerted to any errors in the surgical scheduling and proceeded with the surgery based on the consent form signed by Jensen-Winkert, which listed gastric bypass. The defense maintained that Jensen-Winkert’s ongoing health issues were part of the normal recovery process for gastric bypass surgery and could not be directly attributed to any malpractice or negligence.

Jury Verdict

On July 12, 2024, the jury returned a verdict in favor of Gina V. Jensen-Winkert, awarding her $3.45 million in damages for the medical malpractice, gastric bypass surgical error, and long-term consequences stemming from the procedure.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com