A former doctor at Wake Forest Baptist Medical Center is seeking to dismiss a lawsuit that accuses him of inserting a birth-control device into a woman without her knowledge during a surgery, ruining her chances of getting pregnant.
Wake Forest Baptist Medical Center has also filed a motion seeking dismissal of the lawsuit.
Kimberly Bryant of Caburrus County filed the lawsuit Sept. 21 in Forsyth Superior Court against Dr. Mehmet Tamer Yalcinkaya, Wake Forest Baptist Medical Center, Wake Forest University Health Services and N.C. Baptist Hospital. The lawsuit, filed by Harvey and Harold Kennedy and Donna Taylor, alleges fraudulent concealment and medical malpractice. Bryant is seeking more than $10 million in compensatory and punitive damages.
In motions filed Jan. 4 in Forsyth Superior Court, attorneys for Yalcinkaya and Baptist say Bryant did not follow North Carolina Rules of Civil Procedure in having an expert review medical care and medical records. They said the expert would have to be willing to testify that the medical care did not “comply with the applicable standard of care.”
Attorneys for Bryant filed an amendment to the complaint on Jan. 2 certifying that the medical care and medical records were reviewed by an expert.
Yalcinkaya and Wake Forest Baptist also argue that the lawsuit isn’t specific enough about the allegations of fraudulent concealment. Attorneys for Yalcinkaya said in court papers that Bryant fails to state what Yalcinkaya had to gain from allegedly withholding information from Bryant.
“Defendants commonly file motions to dismiss in major civil litigation,” Harvey Kennedy said in a statement. “We will appear at the court hearing on Jan. 29, 2018, and vigorously oppose these motions.”
Scott Stevenson, an attorney for Wake Forest Baptist Medical Center, declined to comment Wednesday.
“I think the pleadings can speak for themselves,” he said.
Tamura Coffey, an attorney for Yalcinkaya, could not immediately be reached for comment. Yalcinkaya, former director of reproductive endocrinology and infertility at Baptist, denied all the allegations in an interview with the Winston-Salem Journal in September.
Bryant went to the Center for Reproductive Medicine at Wake Forest Baptist in 2007, where Yalcinkaya determined Bryant had uterine fibroids, the lawsuit said. Yalcinkaya scheduled a surgery for Oct. 5, 2007. The lawsuit said Bryant told Yalcinkaya that she wanted to remain fertile and that she and her husband wanted to have children.
The lawsuit alleges that during the surgery to remove the fibroids, Yalcinkaya implanted into Bryant a Gore-Tex plastic barrier that would act as a birth control device. Yalcinkaya never told Bryant about the device, even when it expired on April 21, 2012, the lawsuit alleges.
It wasn’t until Feb. 21, 2017, that Bryant found out why she couldn’t get pregnant, the lawsuit said. She became sick and had to have surgery at Wake Forest Baptist. The plastic barrier had split into two parts. According to the lawsuit, Dr. Erica Johnston, one of the surgeons, told Bryant, “I am outraged; and you should be outraged too.”
Johnston, according to the lawsuit, told Bryant she would have to have a hysterectomy.
Yalcinkaya has specifically denied that the device was an IUD and has said it is a FDA-approved product that has been used to prevent infertility and scar tissue from forming back. He is currently practice founder of Carolinas Fertility Institute, which has offices in Winston-Salem, Greensboro and Charlotte. Yalcinkaya’s medical license remains active.