PINE RIDGE, S.D. – A Pine Ridge woman is accusing Indian Health Service (IHS) of medical negligence after a surgeon perforated her uterus during a procedure to remove two fetuses.
Thea McCauley and her partner, David Pourier, went to the IHS facility in Pine Ridge on Aug. 18, 2022 to have a suction dilation and curettage procedure to evacuate her uterus of 12-week-old twin fetuses that were deceased, according to a lawsuit filed in federal court. The procedure lasted about 20 minutes. They were told by a surgeon who performed the procedure that it was a “complete success” and that the removed fetuses were being sent to lab for testing.
“The plaintiffs were emotionally spent, but based upon the surgeon’s specific assurance, plaintiffs did reasonably rely upon said information and advice, much to their later detriment, horror, anxiety and damage,” the lawsuit says.
Three days later, McCauley, an enrolled member of the Lower Brule Tribe, experienced extreme cramping in her abdomen. She went to the bathroom where she delivered one of the deceased fetuses. They placed the fetus in a container and took it to the Kyle Health Center. McCauley continued bleeding and they were sent to the emergency room at the Pine Ridge hospital where they waited six hours for McCauley to be evaluated.
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She was prescribed antibiotics and assured by another doctor that everything was normal, according to the lawsuit. But later that evening she delivered the second fetus while in a hospital restroom. She was discharged the next day but continued to experience pain.
Back at the clinic in Kyle, she was advised to go to Monument Health in Rapid City. Pourier drover her there, where she was told she had an infection and to continue taking her antibiotics. Back home in Kyle, she woke up in extreme pain. Pourier called an ambulance, that wanted to take her back to the Pine Ridge hospital. Pourier decided to drive back to Monument Health in Rapid City. Following an exam, she learned her uterus had been perforated.
“As a result of the botched and grossly negligent procedure, Thea got severely infected and lost so much blood that she had to have a blood transfusion,” the lawsuit says.
IHS does not comment on pending litigation, according to a spokesperson who replied to The Dakota Scout.
The lawsuit also names the medical staff who participated in the procedure, including government doctors and contracted medical staff. Besides negligence claims, the lawsuit also accuses the government of fraud and deceit and seeks punitive damages and attorney fees.
McCauley and Pourier are represented by Robin Zephier of Zephier & LaFleur of Omaha.
