A suit filed by a Campbellsville man in Shelby Circuit Court last November against his surgeon, whom he claimed mistakenly amputated body parts, has been dismissed because it has been settled.
Shelby County Circuit Judge Chuck Hickman dismissed 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 didn't anticipate.
The suit was filed Nov. 15, 2012, following a procedure at Jewish Hospital in Shelbyville a year earlier.
According to the dismissal, the suit has been settled to the satisfaction of all parties involved. The dismissal, entered in the Shelby Circuit Clerk's office on Friday, states that no money is to be paid to or on behalf of the defendants.
The document states that the suit is dismissed with prejudice, which means the defendant can't file the case again.
Neither Craig Cox of Campbellsville, attorney for Phillips, nor Richard Schiller of Louisville, attorney for Theuer, Surgical Associates PSC and Louisville Surgical Associates, responded to requests for comment by press time. Phillips could not be reached for comment.
Theuer was unavailable for comment before press time, as he was performing surgery.
The suit doesn't specify which body parts or organs were amputated, but it alleges that Theuer was "grossly negligent, wanton and reckless" in performing the surgery and that he failed to tell Phillips of the potential consequences of it and didn't obtain informed consent from Phillips.
As a result, Phillips alleged, he has had to undergo additional surgeries.
Phillips sought punitive damages, a jury trial, court costs and other expenses.