A lawsuit filed against Northwestern Medicine McHenry Hospital, Illinois, alleges a surgical sponge was negligently left inside a patient after surgery, according to a complaint filed in McHenry County Circuit Court.
Frank Kryzak, who was being treated for cancer, underwent surgical left neck exploration, excision of a cervical mass and lymph node dissection on Jan. 31, 2023, according to Bobber, Teich & Pippin, the Chicago-based law firm representing Kryzak.
In the weeks and months following the surgery, Kryzak "continued to have significant unexplained swelling in his neck and drainage from his surgical wound," according to his attorneys. Kryzak sought the opinion of a different surgeon, and on May 31, underwent a second surgery to determine the cause of his symptoms.
The surgeon performing that procedure found and removed a surgical sponge from the initial surgery, according to the court complaint.
The medical malpractice lawsuit alleges Meredith Gardner, a surgical technologist, nurse Elizabeth Romanes and the doctor who performed the surgery, Dr. Aqeel Sandhu, failed to ensure all sponges were accounted for - and didn't follow procedures and protocol pertaining to a sponge count.
Defense attorneys allege Sandhu, who performed the initial surgery, "failed to schedule follow-up visits or properly investigate the cause of the swelling and other symptoms."
Kryzak "was the victim of clear medical negligence and as a result he endured months of unnecessary pain and suffering, was forced to undergo a second surgery to remove the sponge, and had his cancer treatment delayed," his attorneys said.
Kryzak's attorneys stated he didn't undergo any surgical procedures or other events that could have resulted in a retained surgical sponge prior to May 31.
According to the lawsuit, the cause of what occurred was "within the exclusive control of the defendants."
"As a direct and proximate result of the retained surgical sponge, plaintiff sustained serious and permanent injury, experience and will in the future experience significant pain and suffering, disability and loss of a normal life incurred and will in the future incur medical expenses, and experienced delay in his medical care," the complaint read, in part.
