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Georgia’s Top Medical Malpractice Verdicts for 2013 ~ part 2


The following is a summary of the Top Medical Malpractice Verdicts in 2013 for the State of Georgia ~ part 2:

1.) In another infant brain damage case, the Plaintiff was awarded $ 7.5 million in Fulton County State Court.

The case was Trevor Cole, by and through his Guardian ad Litem Nicholas C. Moraitakis, v. Gregory Sysyn, M.D., and Neonatology Associates of Atlanta, No. 12-VS-195119, and the date of the verdict was June 13, 2013.

The facts summarized are that the Plaintiff, Trevor Cole, and his twin sister were born on July 4, 2009 at Gwinnett Medical Center in Lawrenceville, Georgia, and then discharged the next day with their mother. The parents noticed that Trevor did not eat as much as his sister and that he seemed lethargic.

As a result, on July 8, they took Trevor to the pediatrician. Two (2) days later, on July 11, the parents’ concerns about Trevor continued as he had a low temperature and was still lethargic, so they took him back to the hospital where he was born, Gwinnett Medical Center. Trevor was then transported by helicopter to Children’s Healthcare of Atlanta whereby Trevor was placed into the care of Neonatology Associates of Atlanta where two (2) partners took care of little Trevor for the weekend.

On July 14, the following Monday, Trevor was placed into the care of Dr. Gregory Sysyn where he underwent numerous tests that eliminated several potential medical issues. Two (2) days later, on July 16, Trevor underwent an MRI that showed swelling in his brain. Two (2) days after that, on July 18, Trevor was diagnosed with maple syrup urine disease that caused a build-up of a neurotoxic amino acid called leucine leaving him with severe and permanent brain damage.

At trial, it was the Plaintiffs’ contention that Trevor was not properly and timely diagnosed or treated which resulted in brain damage that could have been prevented. Trevor now lives with a feeding tube, is incontinent, and can not talk.

After a two (2) week trial and two (2) days of deliberation, the jury held the Defendants’ were 40% liable, and apportioned 60% of the liability to non-parties, and awarded the Plaintiff a total of $ 7.5 million that was reduced to $ 3 million for the non-party liability.

After motions were filed by the Plaintiffs, attorney’s fees were awarded along with pre-judgement interest for a total award of actually just over $ 4 million.

2.) A jury in the Superior Court of Muscogee Court, Georgia awarded the Plaintiffs $ 6.7 million dollars for negligent treatment, surgical error, and delayed diagnosis and treatment that resulted in a permanent disability.

The case was Thomas Jackson and Linda Jackson v. Kenneth Goldman, M.D., Surgical Associates of Columbus, The Medical Center and Vincent Nicholais, M.D., No. SU03CV-4116, and the date of the verdict was November 14, 2013.

The facts as summarized are that the Plaintiff, Thomas Jackson, age 57, underwent surgery at The Medical Center in Columbus, Georgia on January 17, 2002 to repair a hernia. The surgery was performed by Dr. Goldman.

After the surgery, Mr. Jackson was complaining of severe abdominal pain that continued through the night, and by the next morning, Mr. Jackson had a rapid plus and a fever as well, continued to complain of pain, and tests showed that his white blood count and his urinary output dropped. The next day, Mr. Jackson’s organs went into failure and he was put on a ventilator.

Later, on January 21, 2002, four (4) days after surgery, Dr. Goldman performed tests that confirmed that Mr. Jackson had a perforation from the surgery that caused an infection. Although Mr. Jackson was immediately put into surgery for the repair of the damage, the infection was spreading to the point that Mr. Jackson was in critical condition.

More surgeries were performed whereby Mr. Jackson was bedridden for six (6) months in the ICU and he contracted bedsores on his legs and back that ultimately resulted in permanent damage to Mr. Jackson’s lower extremities.

Mr. Jackson, a mill worker of 32 years who lived on 12 acres of land with his wife, despite over two (2) years of physical therapy, never regained the full use of his legs and now requires a wheelchair to get around, and requires care from his wife who had to leave her career to care for her husband.

The jury determined that Dr. Goldman was, in fact, negligent, and subsequently awarded the Plaintiffs $ 6.7 million dollars total.

At Julie A. Rice, Attorney at Law, & Affiliates we handle a vast array of Medical Malpractice cases in the State of Georgia. If you or your loved one has been injured by the negligent acts of anyone in the medical profession, then please Contact Us for your free legal consultation. It is our job to insure that you receive all the just compensation that you deserve in these types of cases.