A woman in her early 40’s had her bladder perforated when undergoing a hysterectomy. Defense claimed that this type of injury was a well known and acceptable risk. The hospital had refused to take any separate responsibility, deflecting the blame on the private attending OB/GYN surgeon, but in the end, had to contribute to the settlement because Fellows Hymowitz Rice demonstrated that a hospital-employed surgical technician should have also been more careful in the handling of the surgical instruments.