In 2012, our client discovered that he had an inguinal (groin) hernia after undergoing a CT scan.  His primary care physician referred him to a general surgeon who specializes in hernia repairs.  Our client consulted with the surgeon, and initially elected not to have his hernia surgically repaired as he had no symptoms.  In 2013, our client’s hernia became symptomatic and he had a second consultation with the surgeon, at which time he elected to proceed with the surgery.

In November 2013, the surgeon performed a laparoscopic bilateral inguinal hernia repair surgery on our client.  During this procedure, the surgeon implanted mesh in order to repair the hernias, and affixed tacks to the mesh to secure it in place.


     A laparoscopic hernia repair surgery using tacks to affix the mesh to the abdominal wall.

Typically, a surgeon will use approximately three to five tacks to affix the mesh. However, during our client’s procedure, the defendant-surgeon used approximately twenty-seven tacks.  In addition, we claimed that the defendant-surgeon improperly placed tacks in and around our client’s ilioinguinal nerve, which caused an injury to our client’s lateral femoral cutaneous nerve.  As a result, our client sustained severe and permanent injuries, including left-sided meralgia paresthetica, which is a neurological condition that causes numbness, tingling, and pain in the outer thigh.

These injuries completely altered the course of our client’s life and his career.  At the time of his surgery, our client was employed as a campus security guard at a local college.  Following the surgery, the physical demands of his job became too much to bear and eventually he had to uproot his entire family and move to another state where he was offered and he accepted a less physically demanding job.
A ProTack device used in the surgery to repair our client’s hernia.  

Schulman Blitz, LLP commenced a medical malpractice lawsuit against the surgeon on behalf of our client.  Over the course of five years of litigation, the defendant-surgeon continuously denied any responsibility and would not consent to any settlement.  As such, the case went to trial before a jury.

After six days of trial, Justin Blitz, Esq. was able to obtain a jury verdict for $3,000,000.

To read the Jury Verdict report on the case click the link below:

 Kashem Chowdhury v. Alain J. Derzie, M.D_ 2019 Jury Verdicts LEXIS 7811