Vigna Law Group: 'Never Event' Retained Sponge Case Filed in Las Vegas

Case: 2024CV001126

Retained surgical sponges are preventable 'Never Events'—RF technology drastically reduces risk

LOS ANGELES, CA, UNITED STATES, July 3, 2025 /EINPresswire.com/ -- “List of Serious Reportable Events (aka…” Never Events”)… 1D. Unintended retention of a foreign object in a patient after surgery or other invasive procedure (updated).

Applicable in: hospitals, outpatient/office-based surgery centers, ambulatory practice settings/office-based practices, long-term care/skilled nursing facilities,” National Quality Forum, List of Serious Reportable Events.

Read the National Quality Forum List of Serious Reportable Events:
https://www.qualityforum.org/Topics/SREs/List_of_SREs.aspx

Dr. Greg Vigna, national malpractice attorney and 'Never Event' attorney, states, “'Never Events' usually result from systematic failures and may cause severe harm. Retained sponges in bodies can be preventable when reliable counts are combined with radiofrequency (RF) technology. Nursing staff can use an RF wand to scan the patient and surgical areas, detecting retained sponges when counts are off and to quickly locate any retained sponges."

What does the literature say about surgical counts?

“The rate of retained items was 1 of 7000 surgeries or 1 of 70 discrepancy cases. Final count discrepancies identified 77% and prevented 54% of retained items.

Count discrepancies increased with surgery duration, late time procedures, and number of nursing teams. Bypass time, intravenous nitroglycerin injections, or myocardial infarction in the previous 24 hours were independent predictors of count discrepancies in CABG surgery.”

Read “Managing the Prevention of Retained Surgical Instruments. What is the Value of Counting?” published in the Annals of Surgery. 2008: https://journals.lww.com/annalsofsurgery/abstract/2008/01000/managing_the_prevention_of_retained_surgical.3.aspx

Dr. Vigna adds, “There is no downside of using radiofrequency technology. Our client has suffered serious injury, and this ‘Never Event’ should not have occurred. Retained sponges cause inflammatory responses, chronic infections that can cause injury to nerves, chronic pain, sepsis, and septic shock.”

What does the literature say about cost-benefit analysis of Radiofrequency Technology?

“Five organizations that implemented RF technology between 2008 and 2012 collectively demonstrated a 93% reduction in the rate of reported retained surgical sponges.”

Read “Retained Surgical Sponges: Findings from Incident Reports and a Cost-Benefit Analysis of Radiofrequency Technology” published in Journal of American College of Surgery. 2014: http://www.drlc4.com/Articles/files/117.pdf

Dr. Greg Vigna is a ‘Never Event’ lawyer, representing those who have suffered amputation, Stage III and Stage IV pressure ulcers, and septic shock from infected polyurethane PICC lines across the country. The Vigna Law Group, along with Ben C. Martin, Esq., of the Ben Martin Law Group, a Dallas, Texas national pharmaceutical injury law firm, jointly prosecute hospital and nursing home neglect cases that result in bedsores nationwide, with offices in California, Connecticut, and Washington DC.

Visit the Decubitus Ulcer Help Desk.

Case Number: 2024CV001126
IN THE EIGHTH JUDICIAL DISTRICT COURT
COUNTY OF CLARK, NEVADA

California Offices:
8939 S. Sepulveda Blvd., Suite 102, Los Angeles, CA 90045

2570 N. First Street,2nd Floor, San Jose, CA, 95131

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Connecticut Office:
515 Centerpoint Drive, Suite #2212, Middletown, CT 06457

Washington DC Office:
700 12th Street, N.W., Suite 700, Washington, District of Columbia 20005

1-800-761-9206

Greg Vigna, MD, JD
Vigna Law Group
+1 817-809-9023
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