Woman sues local gynecologist over ovarian cyst

Kelly Holleran Jun. 1, 2009, 10:59am

A Beaumont woman has filed suit against her doctor, alleging she needlessly endured pain for almost a year and a half because her doctor failed to fully remove her uterus during a hysterectomy.

Kimber Wolford claims she was a patient of Dr. James Kirby's from 1995 until November 2008.

During her treatment, Wolford experienced persistent and significant problems with endometriosis and pelvic pain, according to the complaint filed May 22 in Jefferson County District Court.

Because of her problems, Wolford underwent multiple surgical procedures, including a laparoscopically assisted total vaginal hysterectomy for endometriosis on May 23, 2007, the suit states.

"The surgery was performed to finally rid her of all such problems with her ovaries and endometriosis," the suit states.

However, Wolford continue to experience significant pain for 17 months after the surgery, the complaint says.

In October, Kirby diagnosed Wolford with a cyst that had formed on a portion of one of her ovaries that was not removed during her hysterectomy, according to court records.

"Because Dr. Kirby failed to remove Mrs. Wolford's ovary, she continued to experience these problems and endured 17 months of physical pain and mental anguish; and she was required to undergo another unnecessary and painful surgery and rehabilitation process," the suit states.

By failing to properly diagnose Wolford's condition, by failing to properly treat her condition and by failing to perform a proper surgical procedure, Kirby was negligent, Wolford claims.

Wolford is seeking actual damages, plus pre- and post-judgment interest, costs and other relief the court deems appropriate.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County Circuit Court case number: B184-146.

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