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The facade of Summerlin Hospital in Las Vegas, Nev.; an inset image of a labor and delivery room at the hospital from a promotional video. (screengrabs via The Valley Health System/YouTube)
A Nevada mother is suing a hospital because a doctor there left a sponge inside her body after she gave birth to her son 18 years ago, according to a lawsuit filed last week and obtained by Law&Crime.
Alma Nunez de Avelar filed the seven-page lawsuit against Summerlin Hospital Medical Center, the doctor who allegedly performed her long ago C-section, and several unnamed defendants on Jan. 18.
“Plaintiff is informed and believes the lap sponge was unintentionally left in her body at the time of her cesarean section on March 2, 2005,” the complaint reads. “The lap sponge being unintentionally left in Plaintiff’s body caused Plaintiff to endure years of pain and discomfort, worry and anxiety.”
On March 2, 2005, Nunez de Avelar delivered her via C-section at the hospital, the lawsuit says. Between that day and March 1, 2023, Nunez de Avelar “did not undergo any other abdominal surgery.”
The lawsuit claims that Nunez de Avelar “experienced pain and discomfort in her abdominal area that waxed and waned” since receiving her C-section. Finally, the lawsuit says, she underwent imaging due to concerns about ovarian cancer.
According to the lawsuit, the imaging showed Nunez de Avelar had a mass on her left side near her ovary “measuring approximately 6.6 x 10.6 x 8.3 cm,” which is roughly 2.5 x 4 x 3 inches.
On March 1, 2023, exactly one day shy of 18 years to the day of her son’s birth, Nunez de Avelar underwent surgery to remove the sponge, the lawsuit says. The sponge was located above Nunez de Avelar’s “left fallopian tube and ovary,” the lawsuit alleges.
During the surgery, it was also determined that the sponge was “surrounded by omentum adherent to the pelvis at the level of the mass,” according to the lawsuit, meaning a bond had been created between the omentum, a part of the body that regulates immunity and tissue regeneration, and Nunez de Avelar’s pelvis.
The medical malpractice lawsuit seeks a jury trial.
Nunez de Avelar is suing on a theory of negligence and alleging medical expenses over $15,000 — which is the statutory minimum for such a lawsuit in the Silver State. She is additionally suing the defendants for special damages over $15,000.
“Plaintiff believes the lap sponge was in the exclusive control of the Defendant(s) who placed the lap sponge at issue within her body during her cesarean section,” the filing reads. “Plaintiff did not participate in placing or removing any lap sponges as part of her care and treatment. Therefore, she was incapable of contributing to a lap sponge being left within her abdomen. Additionally, the lap sponge being left within her abdomen was not due to any voluntary action on her part.”
A spokesperson for Valley Health System, which operates Summerlin Hospital and several others in Nevada, told Law&Crime on Wednesday that they do not comment on pending litigation.
Law&Crime also reached out to Nunez de Avelar’s attorneys of record for additional information about this story but no response was immediately forthcoming at the time of publication.
