Appendix Lawsuit: Patient Sues After Surgeon Allegedly Left Appendix In

Friday, 11 Apr 2014 03:22 PM

By Morgan Chilson

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A New York man has filed a lawsuit against a surgeon who allegedly failed to remove his appendix during a surgery to do so, forcing the man to have a second surgery.

William McCormack says he had to have a second appendectomy procedure a year after his first because his surgeon didn’t actually remove his appendix during the first operation in 2013, UPI reported. He is suing both the surgeon and New York’s Lawrence Hospital.

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McCormack discovered he still had his appendix after suffering abdominal pains and being sent to the hospital.

According to News 12, the lawsuit alleges the surgeon, Michael Kerin, and the hospital knew a mistake had been made and that a “yellowish mass” that was removed during the first surgery was not McCormack’s appendix.

Damages are not specified in the lawsuit, but News 12 said McCormack is asking for compensation for pain and suffering and for being required to have two surgeries.

The Journal-News reported that the lawsuit included a copy of the 2013 operative report that confirmed that McCormack’s appendix was removed, and the report was signed by Kerin. But a separate report from the Lawrence Hospital Pathology Department indicated that the specimen received after the surgery contained "no evidence of appendix."

“Lawrence Hospital never notified Mr. McCormack that there was no evidence of an appendix in the specimen ... despite its knowledge that the specimen marked 'appendix' was not an appendix and/or that something had gone amiss in the operation conducted by Dr. Kerin," the lawsuit reads, according to the Journal-News.

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