UI Physicians pay $780K to settle negligence lawsuits

IOWA CITY — The UI Physicians medical and surgery group will pay $780,000 to settle a pair of lawsuits alleging negligence against providers — one accusing a plastic surgeon of a botched breast reconstruction and another accusing an otolaryngologist of making life-changing errors while performing brain surgery without the help of a neurosurgeon.

“Today, Jay has a number of neurologic deficits including substantial memory loss, personality changes, reduced cognitive function, and significant emotional changes,” according to an October 2021 lawsuit filed by Johnson County residents John “Jay” Robertson and his wife, Susie Robertson.

The suit asserts that he remains off-balance, struggles with coordination, experiences severe and constant fatigue and “continues to live without complete function of the left side of his body.”

In approving Monday a $30,000 settlement for the breast reconstruction lawsuit and a $750,000 settlement for the Robertson lawsuit, State Board of Appeals members noted that settlements involving University of Iowa Health Care still remain under the cap that a new agreement with the UI Physicians — a group of 1,000-plus doctors that owns an insurance company established to provide them medical malpractice coverage — will have to pay.

The agreement caps at $15 million instead of $9 million a year the payout the group would be responsible for paying. The deal increased the per-claim cap to $6 million from $5 million.

“Mr. Robertson sought $15 million, including non-economic past and future pain and suffering as well as loss of function,” according to Deputy Attorney General Stan Thompson, in recommending the settlement. “His wife, Susie Robertson, sought $500,000 for loss of consortium.”

The university denied allegations throughout the lawsuit and reported retaining multiple experts who supported UIHC otolaryngologist Bruce Gantz’ care, according to Thompson.

“Mr. Robertson had an extended rehabilitation period, but he has since mostly recovered,” Thompson told appeal board members.

‘No neurosurgeon was consulted’

In 2021, when Robertson filed his lawsuit, he and his wife said that was far from true after presenting at UIHC on Dec. 4, 2018, with hearing loss and ringing in his right ear. A CT scan found a 12-mm tumor, and Gantz recommended surgery, the lawsuit said.

When Robertson came in for surgery Dec. 21, 2018, he had no vision complaints and no motor deficit. Gantz performed the operation with a team of otolaryngologists but no neurosurgeons — although the operation involved drilling at the base of the skull.

“This part of the skull contains the temporal lobe of the brain, critical blood vessels, and the brain stem at the deep portion of the surgical exposure,” according to the lawsuit, reporting a operative note from the procedure said a retractor blade was readjusted and accidentally displaced, “penetrating the dura.”

“At this juncture, no neurosurgeon was consulted,” according to the lawsuit, and the surgery continued.

Post-procedure, Robertson showed a decreased level of consciousness, right-gaze deviation and other symptoms — “finally” prompting a neurosurgery consult, according to the lawsuit. Upon further evaluation, providers discovered injury to part of the brain stem and that compartments below the brain contained cerebrospinal fluid.

A high dose of steroids was given and — after stabilizing — Robertson eventually was transferred to a rehabilitation center for ongoing care and rehab on Dec. 26, 2018. He returned home Jan. 15, 2019 — nearly a month after his original procedure.

‘Against Lauren’s will’

In the second lawsuit, Lauren Ernst, of Scott County, accused UIHC and plastic surgeon Jerrod Keith of failing to properly insert and place bilateral breast implants; failing to correct the improper placement; and failing to get her consent regarding the “type and size of the replacement breast implants used during the third operative procedures.”

“She is having problems with the implants flipping upside down,” Keith reported in his notes, according to the lawsuit. “We discussed the rarity of this problem, and potential options for repairing this.”

Ernst also accused the provider of trying to coerce her into using “textured implants” despite her concerns with their link to cancer.

“Keith admitted the prior-agreed upon breast implants were not in-stock at UIHC and consequently, if Lauren did not agree to him using the textured implant, Dr. Keith would not perform the next day’s surgery,” according to her lawsuit.

Following the April 2018 procedure to replace the problematic silicone implants, Ernst said she learned Keith had used the textured implants — despite her concerns — and “also used a larger implant.”

“Such decision making was against Lauren’s will, as she had made known to Dr. Keith her desire for smaller implants,” according to the lawsuit.

Because she already had undergone several surgeries, Ernst was told another operation to remove and replace the implants again “would be significantly problematic.”

She sued for past, present and future medical expenses; mental pain and suffering; loss of enjoyment of life; loss of past and future wage earnings; and “lost compensation for the inability to secure health and life insurance.”

The university denied the allegations and asked a judge to drop the case — which she granted in part and denied in part. The judge set the case for trial this month, until the two sides agreed on a settlement just days before it was set to begin.

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