Medical Malpractice: Incorrect Bariatric Surgery Results in $3.45 Million Verdict

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

Case Overview

On May 25, 2023, Plaintiff Gina V. Jensen-Winkert filed a medical malpractice lawsuit in the Arlington County Circuit Court of Virginia (Case No. CL-23-2217), with Judge Daniel S. Fiore II presiding.

Cause

On October 26, 2020, Gina V. Jensen-Winkert consulted with Dr. J.R. Salameh at Virginia Hospital Center Physician Group, LLC regarding bariatric surgery. During the consultation, she explicitly expressed her preference for gastric sleeve surgery after reviewing various surgical options. Over the following year, she consistently reaffirmed her decision to undergo the gastric sleeve procedure. On October 8, 2021, she signed a four-page informed consent document specifically for gastric sleeve surgery.

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

Injuries

As a result of undergoing the incorrect procedure, Jensen-Winkert suffered severe complications. She experienced difficulty tolerating oral intake of food and liquids, leading to significant physical distress. She was later hospitalized due to an ulcer at the anastomosis site created during the gastric bypass surgery. Additionally, she endured recurrent vomiting and diarrhea, both common complications of gastric bypass. The mistaken surgery also left her at an increased risk of malnutrition and other long-term health issues typically associated with gastric bypass, further exacerbating her condition.

Damages

Jensen-Winkert’s injuries resulted in both physical and emotional distress. The gastric bypass procedure left her with ongoing gastrointestinal issues, including persistent nausea and difficulty eating. She faced an increased risk of malnutrition and other complications, necessitating ongoing medical care. The additional treatments for her ulcer and related health issues further contributed to her mounting medical expenses. Moreover, the surgical error significantly diminished her quality of life as she struggled with daily health challenges.

Jury Verdict

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