Medical Malpractice / Wrongful Death

Case name and location

Type of case and injuries involved

Verdict or settlement

Robinson v. Pischke & O’Neal (State Court of Bibb County)

MEDICAL MALPRACTICE / WRONGFUL DEATH:  Decedent experienced anaphylaxis following injection in allergen immunotherapy, nurse failed to recognize symptoms, did not administer Epinephrine, Dr. Pischke failed to train nurse to recognize symptoms, also did not provide required equipment for such an emergency

Jury Verdict:

*Confidential settlement*

MEDICAL MALPRACTICE: Residents and attending physician fell below the standard of care when they: 1) failed to perform a Cesarean section for the breech birth; 2) failed to get informed consent from patient; 3) failed to properly supervise OB-GYN residents.

Jury Verdict:

Hill v. Hodges et al  (State Court of Bibb County

MEDICAL MALPRACTICE:   Misdiagnosis of Cancer Neuroblastoma in an Adult Male

Medical expenses $42,366

Demand for Settlement $850,000

Offer prior to trial $0

Jury Verdict:

Summerville v. Volk & Park Ridge Hospital (Superior Court of Henderson County, North Carolina) MEDICAL MALPRACTICE:   Death of infant resulting from inappropriate IV solution–water intoxication

Jury Verdict:

(Wrongful death $1,214,074
Parents’ claim $200,000
Punitives $5,000)

Watson v. Thabes, et al. (Leon Co. 2d Judicial Circuit, Florida)

MEDICAL MALPRACTICE / WRONGFUL DEATH:  Decedent had known Arnold Chiari syndrome, was given oral medications, aspiration


Dodson v. Lyles, et al. (State Court of Houston County) MEDICAL MALPRACTICE:  Trocar injury during laparoscopic procedure-massive retroperitoneal bleeding; left iliac artery torn from the aorta requiring extensive exploratory laparotomy


Hawkins v. Battle   (Superior Court of Buncombe County, North Carolina)

MEDICAL MALPRACTICE:   Delayed diagnosis of breast cancer, causing radical operative procedure to be performed which would have been avoided had earlier diagnosis been made, decrease in survivability


King v. Fowler et al Superior Court of Dougherty County MEDICAL MALPRACTICE:    Premature attempt to repair vesico-vaginal fistula following total abdominal hysterectomy

Total time of disability 18 months

Medical expenses $9,737

Demand for settlement $100,000

Offer prior to trial $20,000


Seward v. Coppage (State Court of Bibb County MEDICAL MALPRACTICE: Delayed diagnosis of breast cancer

Jury Verdict:

(Medical $250,000
Lost income $100,000
Pain & Suffering $100,000)



Walton v. Macon Orthopaedic (State Court of Bibb County)

MEDICAL MALPRACTICE:   Dentist sustained severe burn to middle finger on right hand, requiring amputation

Settled after jury selection


Fortier v. Smaha (State Court of Bibb County) MEDICAL MALPRACTICE:  Chronic left heel infections requiring reconstructive surgeries resulting from delay in obtaining culture of drainage and patient receiving antibiotics following foot surgery

Resolved by Binding Arbitration (3 Arbitrators) :

Smith v. Smith (Superior Court of Dougherty County)

MEDICAL MALPRACTICE:   Doctor failed to prescribe epinephrine or adrenalin in conjunction with allergy shots.  Patient died from anaphylactic shock resulting from allergy injection he received.


Nelson v. Henrietta Egleston MEDICAL MALPRACTICE: Permanent tracheostomy resulting from too large a tracheotomy tube & frequent intubations/extubations


Johnson v. Coppage & Gibson (State Court of Bibb County) MEDICAL MALPRACTICE:  During laparoscopic hysterectomy, client’s right ureter was burned, resulting in second surgery, permanent scar, frequent urinary tract infections, frequent self- catheterization


Adams v. Girardeau (State Court of Bibb County) MEDICAL MALPRACTICE:  Face lift done despite fact patient had diabetes, resulted in bad scarring

Arbitration Award:

Yeomans v. Harper (State Court of Bibb County)

MEDICAL MALPRACTICE: Permanent nerve damage of right ear lobe, right shoulder & shoulder area resulting from biopsy


*Confidential settlement*

MEDICAL MALPRACTICE: Overdose of Morphine contended to have caused death in chronically-ill 12-year-old child


*Confidential settlement*

MEDICAL MALPRACTICE: Doctors performed angioplasty before awaiting results of client’s CBC, which came back markedly elevated.  Because of the large no. of red blood cells, client suffered clotting at four levels where angioplasty was performed, his leg had to be amputated due to clotting

Arbitration Award:

Miley v. Johnston (State Court of Bibb County) MEDICAL MALPRACTICE:  Aorta severed during laparoscopic procedure resulting in laparotomy, large scar, severe loss of blood


McCann v. Barroso (State Court of Houston County

MEDICAL MALPRACTICE: Peritonitis/pelvic abscess secondary to doctor’s inadvertent removal of a small section of bowel, requiring colostomy & subsequent closure


Seay v. Crawford  (State Court of Houston County

MEDICAL MALPRACTICE:   Delay in Diagnosis of Cancer:  Failure to diagnose Paget’s Carcinoma after one year’s treatment resulting in breast cancer and subsequent metastasis to lung and death

Final Offer $125,000

Demand $200,000

Jury Verdict:

Wright v. Bird & Dodge County Hospital (Superior Court of Dodge County) MEDICAL MALPRACTICE:  Retained rolled gauze in pelvic cavity from vaginal hysterectomy, requiring abdominal surgery to remove gauze


Poppell v. McDonnell, et al. (Superior Court of Richmond County)

MEDICAL MALPRACTICE: Improper placement of Cordis horizontal vertical valve resulting in shunt malfunction requiring additional surgery


Skinner v. MCCG, et al. (State Court of Bibb County) MEDICAL MALPRACTICE: Sponge left in abdominal cavity during surgery


Nesbitt v. Green (Superior Court of Jones County)

MEDICAL MALPRACTICE / WRONGFUL DEATH:  Decedent was given excessive Cardizem, causing severe bradycardia, hypotension & periods of apnea, physician also failed to provide cardiac consult in a timely manner, & patient experienced cardiac arrest


Whisby v. MCCG (State Court of Bibb County) MEDICAL MALPRACTICE:  Patient  was discharged from Emergency Room on his own after medication administered, making him disoriented, and he was struck by a car & killed


Durden v. Rosen MEDICAL MALPRACTICE:   Surgeon failed to remove diseased kidney while performing surgery for that purpose, placing patient at risk of infection & severe illness in future, & probable second surgery to remove the kidney

Settled without filing suit:

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