{"id":17152,"date":"2025-11-14T05:00:00","date_gmt":"2025-11-14T13:00:00","guid":{"rendered":"https:\/\/www.danielstark.com\/?post_type=blog&p=17152"},"modified":"2026-06-09T07:53:44","modified_gmt":"2026-06-09T14:53:44","slug":"shocking-medical-malpractice-cases-the-forgotten-sponge-inside-carolyn-boerste","status":"publish","type":"blog","link":"https:\/\/www.danielstark.com\/es\/blog\/shocking-medical-malpractice-cases-the-forgotten-sponge-inside-carolyn-boerste\/","title":{"rendered":"Shocking Medical Malpractice Cases: The Forgotten Sponge Inside Carolyn Boerste\u00a0"},"content":{"rendered":"

Autor: Shelby Benavidez <\/p>\n\n\n\n

Abogado colaborador: Brad Russell, attorney<\/a><\/p>\n\n\n\n

Most people have heard of medical malpractice, but not everyone realizes just how unusual these cases can get. Some cases don\u2019t fit the usual mold at all. Some are stranger, slower, and far more shocking than the stereotype. <\/p>\n\n\n\n

This article is part of Shocking Medical Malpractice Cases<\/em>, our limited series exploring real cases that show how medical errors happen and what patients can learn from them. The case of Carolyn Boerste is a perfect example. It involves a sponge the size of a small towel, quietly moving around inside her abdomen for years, multiple chances to catch the mistake, and an ending no one (least of all Carolyn) ever saw coming. <\/p>\n\n\n\n

Carolyn Boerste\u2019s Health Background <\/strong> <\/h2>\n\n\n\n

Carolyn lived with diabetes, poor circulation, and serious vascular disease \u2013 a combination that can slowly narrow or block the arteries supplying blood to the legs. Over time, this can cause pain, weakness, and difficulty walking. In more severe cases, it can even threaten the limb itself.  <\/p>\n\n\n\n

By early 2011, Carolyn\u2019s circulation had declined enough that her doctors recommended a major operation called an aortobifemoral bypass<\/a>. This procedure essentially creates a new pathway for blood to travel from the aorta down into the legs, bypassing the clogged or damaged arteries. It\u2019s a big surgery, but for someone in Carolyn\u2019s situation, it\u2019s often the best way to restore blood flow.  <\/p>\n\n\n\n

In March, she underwent the bypass at University Hospital in Louisville, hoping the procedure would help provide relief and a fresh start. Her underlying conditions made the surgery necessary, and nothing about her health suggested that what came next was even remotely possible.  <\/p>\n\n\n\n

The Unusual Medical Malpractice Timeline <\/strong> <\/h2>\n\n\n\n

The Initial Surgery <\/strong> <\/h4>\n\n\n\n

During big abdominal surgeries, surgeons rely on large, cloth-like laparotomy sponges<\/a> to help them see and work safely. These aren\u2019t tiny pieces of gauze \u2013 they\u2019re hefty pads, roughly the size of a small towel, used to soak up blood, keep tissues out of the way, and give the surgical team a clear view of what they\u2019re doing. They\u2019re placed in and out of the body throughout the procedure, which is why careful counting is such an important part of every operation. <\/p>\n\n\n\n

Throughout the operation, multiple sponges are placed inside the patient\u2019s abdomen to soak up blood and provide visibility. To prevent sponges from being left in the body, hospitals require sponge count at several points throughout the surgery \u2013 before closing the incision, before and after breaks, and during transitions. The count should make sure that any sponges that into the body also come out.  <\/p>\n\n\n\n

So, at some point during Carolyn\u2019s bypass procedure, one of these large sponges was placed deep in her abdomen. Unfortunately, testimony later revealed that the surgical team did not follow count procedures<\/a>.  <\/p>\n\n\n\n

The \u201clunch count\u201d \u2013 a required check if staff leave the room for breaks \u2013 was reportedly skipped, and other counts were rushed or treated more like suggestions. While each sponge contained an X-ray-detectable marker, no one realized one was missing at the end of the operation. By the time the incision was closed, a sponge the size of a hand towel was still inside Carolyn\u2019s abdomen, completely unnoticed by the team.  <\/p>\n\n\n\n

Continued Discomfort and CT Scans <\/strong> <\/h4>\n\n\n\n

In March of 2015, four years after the surgery, Carolyn was taken to the emergency room with gastrointestinal symptoms. A CT scan revealed the sponge\u2019s marker inside her body. The radiologist called the emergency physician and reported the sponge marker. Instead of telling Carolyn about the sponge, they diagnosed her with a urinary tract infection and sent her home<\/a>.  <\/p>\n\n\n\n

The CT report revealing the sponge was faxed to Carolyn’s primary care physician, Dr. Kim Brumleve, at a federally subsidized clinic for low-income patients. Dr. Brumleve claimed that she assumed the ER physician had relayed the information to Carolyn already, so she didn\u2019t bother mentioning it. The sponge stayed inside Carolyn\u2019s abdomen for another 20 months.  <\/p>\n\n\n\n

Removing the Sponge and Recovery <\/strong> <\/h4>\n\n\n\n

In November 2016, Carolyn returned to the same ER with more severe gastrointestinal issues, and another CT scan once again revealed the sponge. It was finally removed later that month by exploratory laparotomy.  <\/p>\n\n\n\n

As if Carolyn hadn\u2019t been through enough already, her recovery took another painful turn. Surgery alone can knock even a healthy patient off their feet, but for someone with diabetes, poor circulation, and a body already weakened by years of internal inflammation, the recovery road was steep.  <\/p>\n\n\n\n

Because her mobility was limited, Carolyn became bedbound for long stretches. Her medical team should have lifted her with a bed sheet to prevent pressure ulcers, but Carolyn reported they failed to do so. Pressure ulcers are deep, painful sores that form when skin and underlying tissue don\u2019t get enough blood flow for too long<\/a>. They are common in diabetic patients, especially those who also have vascular disease, but they\u2019re extremely dangerous.  <\/p>\n\n\n\n

Soon, ulcers began forming on Carolyn\u2019s heels<\/a>. What started as small wounds gradually worsened, refusing to heal the way they might in someone with healthy circulation. Every day that Carolyn remained immobile, the ulcers deepened, making movement even more painful and further limiting her ability to get out of bed.  <\/p>\n\n\n\n

A rehabilitation center eventually stepped in to help, but even with professional care, the damage had advanced too far. The combination of her underlying vascular disease, the years of inflammation caused by the sponge, and the severity of the ulcers created a situation with no good options.  <\/p>\n\n\n\n

By the summer of 2017, doctors delivered the news no patient ever wants to hear: the tissue in her left leg was too compromised to save. In July, Carolyn underwent a below-the-knee amputation.  <\/p>\n\n\n\n

Carolyn Boerste\u2019s MedMal Lawsuit <\/strong> <\/h2>\n\n\n\n

After years of unexplained symptoms, a delayed diagnosis, and eventually the loss of her leg, Carolyn filed a medical malpractice lawsuit against the hospital, the surgical team, and the providers who missed the warning signs. Carolyn and her team argued that a preventable mistake started a chain reaction of harm, and multiple medical professionals failed to intervene when they had the chance.  <\/p>\n\n\n\n

However, the defense pushed back hard. They pointed to Carolyn\u2019s diabetes, vascular disease, and other chronic conditions, arguing that her declining health, especially her eventual amputation, was caused by her underlying medical issues<\/a>, not a forgotten surgical sponge. They claimed that even if errors occurred, her comorbidities played a larger role in the outcome than anything the providers did or failed to do. Fortunately for Carolyn, the court didn\u2019t see it that way.  <\/p>\n\n\n\n

How the Jury Decided Liability <\/strong> <\/h4>\n\n\n\n

The jury ultimately decided that Carolyn\u2019s preexisting health problems didn\u2019t excuse the errors made by the medical professionals. While the court acknowledged that her medical history made her more vulnerable, it concluded that this actually increased the responsibility of her healthcare team to act promptly and carefully.  <\/p>\n\n\n\n