Date: August 28, 2010

By Sheena Delazio sdelazio@timesleader.com
Staff Writer

WILKES-BARRE – A Plymouth woman is seeking more than half a million dollars in damages in a medical malpractice lawsuit in which she alleges doctors caused her infertility and one performed a procedure on her without her permission.

Michelle Hebda filed the suit Wednesday through her attorneys, Peter Paul Olszewski Jr. and Melissa A. Scartelli, in Luzerne County Court. Defendants listed in the 50-page suit include John W. Frye, MD; OB-GYN Associates of Kingston; Peter James Andrews Jr., MD; Wilkes-Barre General Hospital; and Wilkes-Barre Hospital Co., of Tennessee.

Hebda is seeking $550,000 in damages.

The suit states that Frye, who had been Hebda’s doctor since 1991, performed at least two surgeries on Hebda after she was diagnosed with endometriosis and chronic pelvic inflammatory disease.

Hebda saw Frye on Aug. 13, 2009, when she told Frye she wanted to conceive. Frye suggested, the suit says, a third surgery should be done to evaluate Hebda for her pelvic pain and possible endometriosis. The lawsuit alleges Frye did not explain the indication, advantages, disadvantages, risks, benefits or alternatives of the surgery.

On Aug. 24, 2009, Hebda was admitted to General Hospital for a surgical evaluation. After the subsequent surgery, Hebda told a nurse she felt very sick and was in pain. She said she had had two prior similar surgeries and never felt that way before, the suit says.

Hebda said that the next morning she was still extremely sore and in intense pain. Frye prescribed a medication, which Hebda took, the suit states. In the evening of Aug. 25, she began to vomit green material, the suit states.

Hebda stated in the suit she called Frye and spoke with an on-call physician who said her symptoms were likely caused by “anesthesia from the surgery” and that she should call Frye in the morning. The suit states Frye examined Hebda’s abdomen the next day and said her “history of gastrointestinal problems” was causing the symptoms.

Hebda stated in the suit she had no history of gastrointestinal problems, and that Frye told her to call his on-call physician if she felt sick again.

Hebda said she began to vomit again the following night, and while sleeping or upon becoming unconscious, she began choking on vomit and her vomiting became uncontrollable.

Frye allegedly documented in his Aug. 25 office visit report that Hebda reported she was feeling well and had mild cramps, but had no nausea or vomiting. An Aug. 26 office report allegedly says Hebda had a “difficult night” and an abdominal examination revealed the incision site from the surgery was healing.

The next day, Hebda went to the Wilkes-Barre General Hospital for acute abdominal pain, vomiting and nausea.

The suit says doctors planned to give Hebda intravenous hydration and a surgical consultation from Andrews. Andrews believed that Hebda’s abdomen was tender and a surgery was needed and that Hebda may have been suffering from a small bowel obstruction, the suit says.

Hebda underwent surgery by Andrews and was discharged on Sept. 3, 2009, and discontinued treatment with Frye, court papers say.

Hebda returned to Andrews’ office on Oct. 28, complaining of abdominal discomfort and nausea, and Andrews ordered Hebda to have a pelvic and abdominal CT scan, which later revealed an ovarian cyst.
The suit says Hebda had to undergo another surgery on Dec. 1, 2009, and she specifically indicated to Andrews and Wilkes-Barre General Hospital that Frye was not to perform or participate.

After the Dec. 1 surgery, the suit alleges, Andrews admitted to Hebda that Frye preformed the surgery.

Hebda says in the suit that because of Frye, OB-GYN Associates of Kingston, Andrews, Wilkes-Barre General Hospital and Wilkes-Barre Hospital Co. failed to provide “proper and competent care” they caused her to suffer from pain, anxiety, scarring, infertility, inconvenience and depression.