The parents of a four-year-old boy are suing a Texas hospital for $500,000 after he was mistakenly given a vasectomy during surgery to treat a hernia.
Before the surgery, the boy, identified only as “RB” in court documents, complained of right-sided swelling in his scrotum, which worsened in the evening when Dr. Susan L. Jarosz recommended a right inguinal hernia repair to ABC 13 in August 2021.
The surgery, performed at Texas Children’s Hospital, was scheduled for August 4, 2021, but while attempting to remove the hernia, Jarosz also cut the vas deferens, which carry sperm from the testicles, according to court documents.
She and risk management staff at Texas Children’s Hospital then counseled the child’s parents about possible short- and long-term consequences — including reduced fertility, according to the lawsuit filed June 7 in Harris District Court.
“Although we have apologized, full responsibility has not been accepted,” attorney Randy Sorrells said in a statement, adding, “Parents now face the difficult task of explaining this to their son of appropriate age.”
The parents, who have asked not to be named because they fear their son may be bullied in the future, are now suing Jarosz, an assistant professor at Baylor College of Medicine, and Texas Children’s Hospital for $500,000 in damages. Dollars – most parties can be received in Texas for such an incident, according to FOX News.
They allege Jarosz, who hospital officials say is not employed at the facility, was negligent by “failing to properly position and separate the hernial sac from the vas deferens before having it surgically removed.”
In addition, attorneys allege that she “violated the standard of care by not providing usual care during the little boy’s hernia surgery.”
dr Susan L. Jarosz is being sued by a Texas family for negligence after their four-year-old son underwent a vasectomy during surgery to repair a hernia
The boy – identified only as “RB” in court documents – was admitted to Texas Children’s Hospital (pictured) for hernia surgery when Jarosz severed his vas deferens – which carry sperm from his testicles. The hospital is also named in the lawsuit
In the lawsuit, Jarosz is accused of being negligent in the operation on the now five-year-old boy.
“The theory of the case is that before you cut the anatomy, you should know the anatomy of what you’re cutting,” Sorrells told .
In hernia surgery, a doctor makes an incision to open the skin, then will gently push the hernia back into place, tie it off, or remove it.
They would then close the weak muscle area with stitches, according to WebMD.
But in RB’s case, Sorrell claimed to FOX News, Jarosz didn’t properly identify what cut them.
He said such a mistake was “rare”.
“I’ve seen this error in a number of cases, but never in a surgeon cutting the vas deferens in a four-year-old,” Sorrells said.
“It’s very rare, but it’s pretty simple. You correctly identify the anatomy before you cut it.’
Sorrells also said the child’s parents were shocked to learn what had happened to their son and worried about the long-term impact he may have on the boy and possible future sexual partners.
“The worse long-term effect is the impact on the four-year-old’s reproductive process, requiring him to undergo artificial reproductive procedures,” he said.
“I don’t think having children will be impossible, but it might make it more difficult.”
In fact, the lawsuit alleges that the boy “will most likely face fertility issues later in life” and “will face future medical expenses, future pain, mental anguish, future disfigurement, physical impairment, and future fertility treatment costs.”
“The emotional and psychological effects of living with the knowledge are unfathomable,” the lawsuit states.
‘RB, once he’s old enough to know what happened and can process and accept it for himself, he’s going to need to have that conversation with serious partners.
“There’s a chance he may need to use assisted reproductive services to conceive,” it continues, noting, “These are all considerations that the typical 4-year-old doesn’t have.”
In a statement, Texas Children’s Hospital said, “The top priority at Texas Children’s Hospital is the health and well-being of our patients.
“Due to patient privacy requirements, we are unable to comment.”