Nevada mother files lawsuit alleging doctor left a surgical sponge inside her after C-section 18 years ago
A Nevada woman is suing her doctor and the hospital where she gave birth via Cesarean section in 2005, alleging that a surgical sponge was left inside her abdomen for 18 years.
Alma Nunez de Avelar “experienced pain and discomfort in her abdominal area that waxed and waned” after giving birth to her son, according to the lawsuit, which was filed on Jan. 18 against Summerlin Hospital Medical Center in Las Vegas and against Nunez de Avelar’s attending surgeon, Dr. Paul Wilkes.
Summerlin told NBC News that it does not comment on pending litigation. Wilkes did not respond to multiple phone calls and an email to his practice Thursday.
Nunez de Avelar had surgery in March 2023 after imaging showed a mass near her left ovary, the lawsuit said. The operation revealed that it was a laparotomy sponge — an absorbent pad that surgical teams use to keep blood and other bodily fluids out of the area when they are operating. Commonly referred to as a lap sponge, it can also be used to apply pressure to stop bleeding.
“After the lap sponge mass was peeled off Plaintiff’s left sidewall, it was removed from her body,” the lawsuit said, adding that Nunez de Avelar does not believe the lap sponge was left inside of her intentionally.
The lawsuit accuses the hospital of breaching its “duty of reasonable and ordinary care” and not respecting Nunez de Avelar’s health and safety. It says the lap sponge caused her “years of pain and discomfort, worry and anxiety,” and says that she had no other abdominal surgeries other than her C-section in March 2005 and the procedure to remove the sponge 18 years later.
The suit accuses the hospital of negligence and is seeking monetary damages, plus a jury trial. Attorneys for Nunez de Avelar did not respond to multiple calls and emails from NBC News seeking comment.
It’s rare for surgical tools to be left inside patients, but not unheard of: The National Center for Biotechnology Information has estimated that “retained surgical bodies” occur in 0.3 to 1 out of every 1,000 abdominal operations and says it’s typically due to lack of organization and communication among surgical staff.
Nunez de Avelar’s particular situation is not without precedent. A 2018 report in the New England Journal of Medicine documented a woman in Japan who had two surgical sponges inside of her abdomen for at least six years. The authors said the sponges were likely left behind during one of two C-sections the woman had had.
There are protocols in place to prevent such surgical mishaps. A 2016 statement from the American College of Surgeons recommends standardized counting procedures for tools used during surgery and a “methodical wound exploration before closure of the surgical site,” among other measures. The Joint Commission, a nonprofit organization that accredits hospitals, has similar recommendations, with suggestions for avoiding miscounts of surgical tools after staff lunch breaks or after shift changes.
This article was originally published on NBCNews.com
