The “Extra Mile” Award is bestowed upon an attorney whose commitment to justice unequivocally exceeds expectations. Ben Cooper of Cooper Elliott represented a man whose wife of 40 years died because of a routine endoscopy procedure. The woman had previously undergone gastric surgery, but the gastroenterologists performing the operation failed to review her medical records beforehand and confirm which type of surgery she received. Consequently, as they surveyed the woman’s stomach and forced the endoscope through, the apparatus perforated her bowel. Then, when the hospital’s surgeon attempted to repair the injury, he also neglected to review her latest medical imagery, operated where he shouldn't have, and accidentally cut a large vein. Tragically, the woman bled to death on the operating table.

Ben filed suit and dug into the medical records to see if malpractice occurred. He retained several medical experts, including a gastroenterologist and a trauma surgeon, to understand the nuances of this complex issue. As a result, he discovered the woman’s death was preventable had the doctors taken reasonable care to review her medical records.

However, the Defense vehemently denied responsibility for the woman’s death, stating there was no imaging available that clearly verified the woman’s resected stomach and anatomy. Thus, Ben needed to visualize the woman’s physiology and explain how it differed from what the doctors assumed. Then, Ben could demonstrate why the doctors’ lack of diligence resulted in two failed operations and the woman’s death. After litigating for two years, Ben prepared for mediation. To show he was ready for trial, he collaborated with DK Global to illustrate his client’s anatomy and create an animation outlining the doctors’ negligence.

The animation began by showing the correct way to perform a video capsule endoscopy. Then, a contrasting illustration of the Plaintiff’s altered anatomy (Roux-en-y) was juxtaposed next to a depiction of what the Defendants assumed her stomach looked like (Billroth II gastrojejunostomy). Next, doctors inserted the endoscope and video capsule through her stomach and perforated her bowel. A CT scan of the perforation was displayed. Finally, the surgeon’s failed procedure was recreated: after incising the Plaintiff’s stomach, the surgeon dissected portions of her small intestine, cut her portal vein, and caused uncontrollable bleeding, resulting in fatal cardiac arrest.

Ben played the animation for the Defense during the first mediation. Both parties were unable to come to an agreement. However, as the Defense prepared for trial, they reviewed the exhibit more thoroughly. One week before their court date, both parties agreed to resolve the matter for $900,000 – more than double ever paid by the hospital in a medical malpractice case like this.

Since 2015, Ben Cooper of Cooper Elliott has represented the Columbus, Ohio community, advocating for those involved in civil rights matters, personal injury claims, and medical malpractice. Named a “Rising Star” by Super Lawyers for four consecutive years, Ben has also been listed among the “Top 40 Under 40” by the National Trial Lawyers, having secured multiple seven-figure resolutions.