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A suit filed last November in Shelby Circuit Court by a Campbellsville man against his surgeon, whom he claimed mistakenly amputated body parts, has been dismissed.
Shelby County Circuit Judge Chuck Hickman last week threw out Randall Phillips’ suit against Dr. Christopher J. Theuer of Surgical Associates PSC of Shelbyville and Louisville Surgical Associates in which Phillips claimed Theuer, while performing hernia surgery, had “mistakenly amputated bodily parts, organs and blood vessels,” which Phillips did not anticipate.
The suit had been filed Nov. 15, 2012, following a procedure at Jewish Hospital Shelbyville a year earlier, and the court’s action, said the suit had been settled to the satisfaction of all parties involved. The dismissal, entered in the Shelby Circuit Clerk’s office on Friday, said that no monies were to be paid to or on behalf of the defendants.
The document said the suit is dismissed with prejudice, a legal term that means the allegations of the suing party have not been proven, and that he or she is barred from refilling the case.
Neither Craig Cox of Campbellsville, attorney for Phillips, nor Richard Schiller of Louisville, attorney for Theuer, Surgical Associates PSC and Louisville Surgical Associates, immediately responded to phone messages left by The Sentinel-News.
Phillips could not be reached for comment.
When The Sentinel-News contacted Theuer’s office on Stonecrest Court, the reporter was informed that he was unavailable as he was performing surgery.
The suit does not elaborate on which body parts or organs were amputated, but it charges that Theuer was “grossly negligent, wanton, and reckless” in the performance of the surgery and that he failed to advise Phillips of the potential consequences of the surgery and did not obtain informed consent from him.
The suit charges that as result, Phillips has had to undergo additional surgeries, including a perineal urethrostomy, a procedure in which an artificial opening is made in the perineum, the space between the rectum and the scrotum, to allow the patient to void.
Phillips had been seeking appropriate punitive damages, a jury trial, court costs and other expenses.