On December 21, 2021, a New York County jury found in favor of a pregnant 41 year old woman who suffered a ruptured appendix the day after reporting to an OB/GYN that she was suffering abdominal pain. The plaintiff was referred to a radiologist for a sonogram the same day which was read as normal because he failed to visualize the appendix. The appendix ruptured the next day causing an infection which necessitated emergency surgery leading to a loss of the pregnancy.
The jury found that the OB/Gyn departed from accepted practices in failing to advise the plaintiff to immediately go to an emergency room after the sonogram was reported as normal. They also found the radiologist was negligent for reading the ultrasound (that missed the appendix) as normal. Lastly, the jury found that the plaintiff was also negligent for not reporting to the emergency room earlier in the day she ruptured after a call from her OB/GYN. The jury awarded $725,000 to the plaintiff and allocated fault - 41% to the OB/GYN; 30% to the radiologist; and, 29% to the plaintiff which reduced the recovery by approximately $515,000.