MEDICAL MALPRACTICE
Verdicts & Settlements
$43.5 Million
Terhune v. Forum Group Corp et al.
(2010)
Wrongful Death - Nursing Home Neglect
Loretta Terhune was awarded $8.5 million in actual damages and $35 million in punitive damages as a result of the poor care her father received during the eight months he was a resident at Moran Lake Road Nursing Home in Rome, Ga.
Terhune sued Forum Medical, the company that owned and operated Moran Lake. Her father, Morris Ellison, was malnourished, dehydrated, denied medical care for a broken hip and ultimately died after what was supposed to be a temporary stay as he received post-operative rehabilitative care. He was otherwise in good health.
Steve Lowry, lead counsel, explained, “The care provided by this nursing home was horrific. The owner was using health insurance payments to fund his lavish lifestyle while depriving the nurse home residents of basic care. The large punitive damages award should serve as a wakeup call that the citizens of Georgia will not tolerate those who abuse the elderly.”
With the help of Harris Lowry Manton, Ms. Terhune’s case brought the largest judgment against a nursing home facility in the history of the State of Georgia.
$18 Million
Simmons v. SouthCoast Medical Group
(2018)
Spinal Cord Injury - Medical Malpractice
In March of 2018, Harris Lowry Manton LLP partner Jeffrey R. Harris and associate Yvonne S. Godfrey secured a record-setting $18 million Chatham County jury on behalf of their client, Joan Simmons, who was tragically and catastrophically injured as a result of medical malpractice.
Simmons, a 58-year-old woman in Okatie, S.C., was admitted to a Savannah, Ga. hospital on July 20, 2014, with complaints of back pain and signs of an infection. An infectious disease doctor at Southcoast Medical Group failed to diagnose and treat her spinal epidural abscess, a serious complication of the infection.
The untreated abscess put pressure on Simmons’ spinal cord, causing paralysis in both legs. As a result of this medical negligence, Simmons was left permanently paraplegic.
After hearing the facts presented by the legal team during the seven-day trial, the Chatham County jury returned the largest medical malpractice verdict – and the largest personal injury verdict – in the county’s history. The jury ruled in favor of the plaintiff, finding that Southcoast Medical Group and its physician were liable for failure to diagnose and treat a spinal abscess. The jury apportioned 90 percent of the fault—or $16.2 million—to SouthCoast Medical Group and Dr. Sarah Barbour, an infectious disease specialist.
Harris Lowry Manton LLP’s trial attorneys clearly demonstrated the catastrophic effect of medical malpractice, explaining that Joan Simmons walked into the hospital and left in a wheelchair, unable to walk. The legal team worked hard to ensure that justice was served for their client and that responsible parties would be held accountable for their negligence.
“The jury in this case recognized that Joan Simmons was tragically, catastrophically injured and that she will be a paraplegic the rest of her life as a result of medical malpractice,” said Harris Lowry Manton LLP partner Jeffrey R. Harris. “The jury’s verdict clearly reflected that understanding.”
$5 Million
Wyckstandt v. Gwinnett Hospital System
(2018)
Wrongful Death- Medical Malpractice
On November 21, 2000, Richard and Wendy Wyckstandt had their second son, Austin, at Gwinnett Medical Center. Unrelated to this case, Austin was born with a congenital heart defect and later died.
Wendy was released from the hospital two days after giving birth, but was readmitted on November 25. She was diagnosed with toxemia/preeclampsia. When her mother came to visit Wendy on the morning of November 28, she found her daughter drowned in the shower. Wendy was revived, transferred to ICU, but died about 24 hours later.
Evidence at trial showed that the hospital failed to follow its own policies and should have assisted Wendy whenever she was out of bed. Jeff Harris served as lead counsel for the Wyckstandt family with the assistance of Jed Manton, then an associate at HLM. Harris noted, “When we first got involved in the Wyckstandt case many did not feel that a patient would be able to win against a hospital in Gwinnett County. We always believed in this case and were very pleased that the jury was able to see that Wendy’s death was entirely preventable if she had received proper medical care.” Since the verdict, there have been several other large verdicts in Gwinnett County involving poor medical care.
Harris Lowry Manton helped the Wyckstandt family secure a $5 million verdict against the hospital system for its negligence. According to Jed Manton, “Successes at trial often turn on finding the piece of evidence that the defense is overlooking. The Wyckstandt trial is a prime example, where we were able to show through the hospitals internal polices, as well as their surveillance tapes, that the defense they put up to the jury was not an accurate account of what led to Wendy’s death.”
$4.5 Million
Settlement with a hospital for an elderly woman who suffered catastrophic injuries as a result of poor post-surgical care
$4.3 Million
Allen v. Consolidated OB-Gyn, Dekalb Surgical Associates
(2010)
Wrongful Death - Medical Malpractice
Kathleen Allen’s daughter, Tanyka Brydson, was admitted to DeKalb Medical Center to give birth to her twins via cesarean section. Tanyka’s incision area became infected and required immediate, aggressive treatment as well as timely surgical intervention. Instead, it was delayed.
Ultimately, Tanyka underwent multiple surgical debridements as her condition continued to worsen during her hospitalization at DeKalb Medical Center. Her mother had her transferred to another hospital where she ultimately died due to multi-system organ failure secondary to necrotizing fasciitis. DeKalb Medical Center failed to properly diagnose, treat and care for Tanyka.
Jeff Harris and Steve Lowry served as lead trial counsel, along with Jed Manton, in what defense counsel called the most complex medical malpractice case they had ever been involved in. Jeff Harris, however, explained, “While the underlying medicine was complex, HLM prides itself in being able to take the most complex issues and figure out a way to explain these concepts in a manner that the jury can relate to and understand. At the end of the day, this case was about the failures of the treatment team to recognize text book examples of a spreading infection. Tragically, Tanyka did not receive proper medical care and died as a result.”
Steve Lowry noted, “Tanyka suffered greatly because her post-surgical infection was not properly treated. We were able to use the defendants’ notations in her medical records to prove that timely intervention would have prevented this tragic result.” With the help of the HLM team, Ms. Allen sued the physicians responsible for the negligent care of her daughter and won a $4.3 million verdict.
$30.5 Million
Louis v. Gwinnett Medical Center, Dr. Williard Hearin
(2016)
Cerebral Palsy - Birth Injury
On November 9, 2016, a Gwinnett County jury awarded $30.5 million to a mother and her child who was born severely and permanently brain-damaged because of medical malpractice. Harris Lowry Manton LLP partner Jed Manton served as co-counsel, along with Daniel Weinstock of the Philadelphia firm Feldman Shephard LLP, in the Gwinnett County state court case.
Zetah Louis was 35 weeks pregnant when an ultrasound showed possible blood flow problems through the umbilical cord to the fetus. Instead of preparing for an emergency C-section, she was sent to Gwinnett Medical Center for a consult. After arriving at the hospital, she was forced to wait an extended time period and a follow up test which had been ordered STAT was not timely performed.
Because of the delay, her baby Re’Ayah suffered hypoxic brain injury and was born with permeant injuries including cerebral palsy, developmental delay and a seizure disorder. Re’Ayah, who is now 4, will need 24-hour care for the rest of her life.
The jury assigned 75 percent fault to the medical center and 25 percent fault to Dr. Hearin. “With this recovery, there is a substantial likelihood that Re’Ayah’s quality of life will improve in years to come, as she will now have access to the medical care she deserves,” Jed said after the jury awarded the $30.5 million verdict.
$17.5 Million
Corey v. City of Atlanta, Clear Channel and Barbara Fouch
(2010)
Business Tort - Economic Loss
Loretta Terhune was awarded $8.5 million in actual damages and $35 million in punitive damages as a result of the poor care her father received during the eight months he was a resident at Moran Lake Road Nursing Home in Rome, Ga.
Terhune sued Forum Medical, the company that owned and operated Moran Lake. Her father, Morris Ellison, was malnourished, dehydrated, denied medical care for a broken hip and ultimately died after what was supposed to be a temporary stay as he received post-operative rehabilitative care. He was otherwise in good health.
Steve Lowry, lead counsel, explained, “The care provided by this nursing home was horrific. The owner was using health insurance payments to fund his lavish lifestyle while depriving the nurse home residents of basic care. The large punitive damages award should serve as a wakeup call that the citizens of Georgia will not tolerate those who abuse the elderly.”
With the help of Harris Lowry Manton, Ms. Terhune’s case brought the largest judgment against a nursing home facility in the history of the State of Georgia.
$16.4 Million
Pieraccini et al. v. Jameson Andrew Estes and Venture Medical Associates LLC
(2023)
Wrongful Death- Medical Malpractice
John Pieraccini worked as a Delta Airlines mechanic. In 2016, he began complaining about anxiety and panic attacks. Pieraccini consulted with a general practitioner, Estes, who diagnosed him with “anxiety disorder, unspecified,” and prescribed the antidepressant Citalopram and Xanax, a tranquilizer. The doctor instructed Pieraccini to return for an “evaluation” in three months.
Evidence indicated that Estes spent very little time with these kinds of patients, despite what his lawyers said. He failed to instruct Pieraccini that Citalopram had been linked to suicidal ideation, particularly for patients who have just begun taking it, and that alcohol consumption can exacerbate those feelings. He also never put Pieraccini on any kind of strict monitoring.
Less than four weeks after the consultation, Pieraccini and his fiancée went to a restaurant and had some cocktails. Shortly after they returned home, he committed suicide with a handgun. He was 27.
Neither Estes nor his insurer, MAG Mutual, offered any type of settlement at any time. In October 2023, the firm secured a $16.4 million verdict for the family. A Henry County State Court jury awarded the damages to the family in the case.
Partner Andrew J. Conn noted, “The family’s goal in fighting this case for more than six years was sharing the story of their son, John Pieraccini, who was only 27 when he died.” Partner Jeff Harris added, “The family wants to warn the public that some of these doctors, often general practitioners who aren’t psychiatrists, may be prescribing these medications without fully advising their patients of the dangers.”
$4.36 Million
Molina vs. Athens Heart Center, P.C. and Dr. Subodh Agrawal
(2023)
Wrongful Death – Medical Malpractice
On Feb. 8, 2023, a jury in the State Court of Clarke County in Athens, Ga. returned an $4.36 million verdict against Athens Heart Center, P.C. and Dr. Subodh Agrawal after a six-day trial focusing on the wrongful death of popular Athens musician and restaurant owner Juan Molina following a routine, elective diagnostic cardiac procedure.
Molina died on August 25, 2017 after undergoing a diagnostic cardiac catheterization at St. Mary’s Hospital in Athens, Ga. that resulted in a fatal ventricle perforation. During a left ventricular chamber angiogram, also known as a ventriculogram, Dr. Agrawal tore and perforated Molina’s left ventricle wall by inserting a multipurpose catheter into the ventricle wall and injecting radiocontrast into the wall of the heart. Dr. Agrawal failed to recognize the severity and danger of the perforation to Molina’s left ventricle wall and failed to take corrective action in light of the perforated ventricle.
The jury determined that Molina’s death was due to medical malpractice on the part of Dr. Agrawal. After 16 hours of deliberation, the jury awarded $3.5 million for the value of Molina’s life, plus $500,000 for pain and suffering and $60,000 in medical and funeral expenses.
Harris Lowry Manton LLP partner Steve Lowry served as the lead trial attorney, with co-counsel James E. Carter of James E. Carter, LLC and Harris Lowry Manton LLP Associate Caitlyn Clark.
Read more about it here.
SETTLEMENTS
$30,500,000
Birth injury - medical malpractice
$10,000,000
Child brain injury – medical malpractice
$4,575,000
Catastrophic injuries - poor post-surgical care
$3,975,000
Wrongful death - post-surgical care
$3,350,000
Birth injury – medical malpractice
$2,800,000
Birth injury - medical malpractice
$2,750,000
Wrongful death - medical malpractice
$2,300,000
Wrongful death – medical malpractice
$2,000,000
Spinal cord injury – medical malpractice
$2,000,000
Wrongful death - hospital malpractice
$1,925,000
Wrongful death - hospital malpractice
$1,750,000
Wrongful death – medical malpractice
$1,500,000
Wrongful death - medical malpractice
$1,500,000
Wrongful death - medical device defect
$1,500,000
Wrongful death - medical malpractice
$1,500,000
Wrongful death - medical malpractice
$1,300,000
Wrongful death – medical malpractice
$1,100,000
Wrongful death - medical transport
$1,100,000
Birth Injury - shoulder dystocia
$1,100,000
Wrongful death - medical malpractice
$1,050,000
Wrongful death - medical malpractice
$1,000,000
Medical malpractice - wrongful death
$1,000,000
Wrongful death - medical malpractice
Confidential
Recovery for intestinal rupture caused by wrong prescription
Confidential
Settlement for medical malpractice causing woman to need kidney transplant