A harrowing medical negligence case has been filed in the Court of Common Pleas of Allegheny County, Pennsylvania. The complaint, lodged by Ashley Fullum and her husband Shawn Fullum on July 29, 2024, targets Dr. Sarah Allen, Dr. Emily Elaine O’Brien, UPMC Presbyterian Shadyside, UPMC, and University of Pittsburgh Physicians.
The lawsuit stems from a series of alleged negligent actions that occurred during a medical procedure on September 22, 2022. Ashley Fullum was admitted to UPMC Presbyterian for eosinophilic asthma exacerbation and later developed an ovarian cyst torsion. Dr. Sarah Allen performed a left laparoscopic salpingo-oophorectomy with left ovarian cystectomy on Ms. Fullum while assisted by Dr. Emily Elaine O’Brien and other medical professionals. According to the complaint, during this procedure, a Foley catheter was improperly handled—forcefully removed with its balloon still inflated—resulting in severe urethral lacerations and subsequent complications.
Ms. Fullum's ordeal began when she experienced abdominal pain on September 18, 2022, leading to the discovery of the ovarian cyst torsion via pelvic ultrasound. During the surgery four days later, the Foley catheter was allegedly inserted by Dr. O’Brien under Dr. Allen’s supervision but was not properly documented or secured as per standard medical practices. Near the end of the surgery, it is claimed that the catheter was forcefully removed with its balloon still inflated due to either inadvertent or negligent actions by one or more members of the surgical team.
The complaint details numerous injuries sustained by Ms. Fullum due to this incident: urethral lacerations causing swelling and pain; difficulty urinating; urinary retention; intense burning with urination; stress urinary incontinence; chronic mixed urinary incontinence; recurrent urinary tract infections; severe levator muscle spasms; urethral stricture; scarring; bladder and vaginal pain; chronic dysuria; dyspareunia (painful intercourse); and significant psychological distress including anxiety and depression.
The plaintiffs assert that these injuries have necessitated extensive treatment for Ms. Fullum such as physical therapy, Kegel exercises, anticholinergics medication, use of vaginal dilators, multiple steroid injections—all yielding limited relief while often being painful themselves.
Shawn Fullum also claims loss of consortium due to his wife's injuries impacting their marital relationship profoundly.
The lawsuit accuses Drs. Allen and O’Brien along with UPMC entities of professional negligence under Pennsylvania law for failing to adhere to acceptable standards of care during Ms. Fullum’s treatment which directly caused her injuries.
Ashley Fullum seeks compensatory damages for her physical and emotional suffering while Shawn Fullum seeks damages for loss of consortium—both demanding amounts exceeding compulsory arbitration limits plus costs related to legal action.
Representing the plaintiffs are attorneys Noah Paul Fardo, William F. Rogel, and Jaclyn M. DiPaola from Flaherty Fardo Rogel & Amick LLC.