Medical Malpractice Cases

Medical Malpractice
$950,000 Settlement

Lesions bordering the spine of a 56-year-old man were diagnosed by a radiologist as cysts rather than developing cancer. The patient died two weeks after a specially set trial was to begin. The patient's deteriorating health was a factor in his family's decision to settle the case on the eve of trial. His lawyers fully expected a bigger verdict given the evidence, but his widow wanted him to have closure prior to his death. John Doe v. Radiology Group, State Court of DeKalb County, Georgia (12/7/02).


Medical Malpractice
Confidential Settlement

Our client underwent laparoscopic surgery with cold knife conization or "band aid" surgery to diagnose the cause of continuing pelvic pain. Post surgery, she was admitted for a 24-hour inpatient observation period with a complaint of significant abdominal pain. Less than 24 hours after discharge, she presented to the emergency room complaining of fever, vomiting, nausea and a mass in her umbilical area. Over the next two days, several interns and resident physicians, none of whom entertained the possibility that she had a bowel injury from her prior laparoscopic surgery, saw her. The delay in diagnosis caused a portion of her bowel to die. She underwent surgery to remove the dying bowel, became grossly infected inside her abdomen, became septic, developed adult respiratory distress syndrome, wound up on a respirator and remained in the hospital for five months. Upon her discharge, she had a hole in her abdomen that required five major operations to close. Anonymous Plaintiff vs. Anonymous Hospital and Surgeon, State Court of Fulton County, Georgia (10/26/01).


Nursing Home Negligence / Wrongful Death
Confidential Settlement

Juanita Stewart brought suit against Imperial Healthcare Center, an Atlanta-area nursing home, for the neglect, pain, suffering, and wrongful death of her husband, Frank Stewart, Jr. Mr. Stewart had been permanently disabled and bedridden since suffering a stroke in late 1996. He was a resident of a nursing home in Boston for two years where he received appropriate care. He moved to Atlanta to be closer to his two daughters. Within three months of transferring to the Imperial nursing home, he was dead. At Imperial Healthcare Center, an infected Stage IV decubitus was allowed to develop on Mr. Stewart, and personnel there failed to treat him until it was too late to save him. He became septic and died after a painful and humiliating hospital course that involved multiple surgeries. Juanita Stewart, as Surviving Spouse of Frank Stewart Jr., Deceased v. Imperial Health Center, Inc., et al., State Court of Fulton County, Georgia (11/19/01).


HMO Liability / Medical Malpractice / Failure to Diagnose Cancer
Cash Settlement

This was a failure to diagnose breast cancer case against the plaintiff's HMO and her treating physician. Rather than refer the plaintiff to a specialist for treatment/surgery of a suspicious breast lump, the primary care physician continued to follow that over a period of one and a half years, by which time it was finally diagnosed as invasive carcinoma.

More about this case


Medical Malpractice / Brain Damage
Cash Settlement

Routine sinus surgery turned into a disaster for Mr. Morris, a skilled union worker employed by the University of Illinois. During surgery, the dura at the base of his skull was breached resulting in severe infection, disorientation and personality changes.

More about this case


Nursing Home Negligence / Wrongful Death
Cash Settlement

The family of Dorothy Mead, deceased, brought suit against Oak Manor Nursing Home, Inc. for her neglect, pain, suffering, and wrongful death. Ms. Mead was sent to the Columbus nursing home to rehabilitate a hairline fracture of her hip. She was allowed to develop an infected Stage IV decubitus on her sacrum and another on her buttocks. She became septic and ultimately died. Gilbert L. Mead and Michael D. Mead, as Surviving Sons of Dorothy Grace Mead, Deceased v. Oak Manor Nursing Home, Inc., Superior Court of Muscogee County, Georgia (2/6/01).


Medical Malpractice / Brain Damaged Baby
Cash Settlement

An Atlanta area hospital and doctor delayed a c-section delivery of an infant. After the infant went into full arrest, she was delivered by c-section, but suffered profound brain damage. The case was settled before suit was filed and included an agreement to provide home nursing care for the child over the next eight years. Sines v. HMO-owned hospital and doctor (12/23/99).


Medical Malpractice / Wrongful Death
Cash Settlement

The husband and parents of a 35-year-old woman brought suit against Humana Hospital in Newnan and an emergency doctor at the hospital for the severe anoxic brain damage that plaintiff suffered after she was allowed to extubate. Following her extubation in the ICU, plaintiff was improperly bagged and then, she was esophaglly intubated twice and the endotracheal tube was left in the wrong position for several minutes, resulting in global brain damage because of a failure to provide her with adequate oxygen. She lived for more than a year in a coma before dying. Plaintiff v. Humana, Inc., General Hospitals of Galen, Inc. (now Columbia), and Thomas Redwood, M.D., State Court of Fulton County, Georgia. (10/9/97).


Medical Malpractice
$4,249,695 Cash and Structured Partial Settlement (present value $1,850,000)

32-year-old man with complaints of pain, numbness and tingling in arms and legs was brought to the ER by police following an automobile collision. Following an incomplete series of cervical spine x-rays and an emergency physician's exam, he was discharged with a diagnosis of cervical sprain and strain. He suffered progressive paralysis. He was seen by a doctor at an infirmary where he was observed for 36 hours before being returned to the hospital where a diagnosis of C6-C7 spinal injury was made. Patient had C7 level paraplegia, which was permanent.

More about this case


Medical Malpractice
$4,280,120 Structured Settlement ($1 million cash plus annuity. Present cash value of $900,000 and projected lifetime payout of $3,280,120.)

55-year-old post-surgical patient suffered hypotension and arrested because of inadequate treatment by doctors and hospital staff. Plaintiff v. Unidentified Doctors and Hospital, State Court of Fulton County, Georgia (1/29/93)


Medical Malpractice / Wrongful Death
$9,336,893 Cash and Structured Settlement ($2,125,000 cash, plus annuities with present cash value of $500,000, guaranteed value of $1,447,995, and projected lifetime payout of $7,211,893.)

Defendant Simpkins, an anesthesiologist, administered an epidural to a mother in labor, failed to detect symptoms of high spinal injection, and then failed to timely and appropriately respond after belatedly diagnosing the symptoms. Hospital's equipment failed to function properly and physician and hospital staff failed to timely summon additional assistance. Mother and newborn son both died. Collis v. Simpkins, et al., Superior Court of Fulton County, Georgia (5/8/92).


Medical Malpractice / Wrongful Death
$3,596,980 Structured Settlement (present cash value $1,250,000)

Wrongful death of 22-month-old child caused by anesthesia overdose and improper monitoring during surgery. Payne v. Dampog, M.D. and Snellville Anesthesia Services, P.C ., State Court of Cobb County, Georgia (7/9/91).


Medical Malpractice / Anesthesia / Brain Damage
$25,250,000 Verdict (includes $25,000,000 punitive damages against defendant corporation)

Inadequate patient care in the recovery room caused respiratory distress and brain damage. Defendant corporation had been notified of such problems both by nursing staff and by Dr. Miller before the injury to Mr. Clay, but defendant corporation took no remedial action. Clay v. National Healthcare, Inc. & Miller, M.D., Superior Court of Forsyth County, Georgia (9/21/90).


Medical Negligence
Structured Settlement

Brain damaged baby case against obstetrician, nurse midwife, and hospital. Delayed caesarian section. Jackson v. Gatewood, M.D., et al., Superior Court of Sumter County, Georgia (8/89).


Medical Malpractice / Birth Injury
$13,857,729 Structured Settlement (present cash value $1,342,091)

Brain-damaged baby case brought against obstetrician and pediatrician. Failure by obstetrician to timely and properly resuscitate; failure by pediatrician to properly diagnose and treat respiratory distress. Result was prolonged oxygen deprivation, leaving newborn brain-damaged, resulting in severe cerebral palsy. Bowling v. Mazo, M.D. and Biggerstaff, M.D., State Court of Fulton County, Georgia (16/89).


Medical Malpractice / Wrongful Diversion of Patient
$1,310,001 Verdict ($1,305,000 punitive damages)

Wrongful diversion of patient by Hospital Authority, operation of unsafe helicopter by Metro. Proved Hospital Authority had a policy of diverting patients to its own hospitals in order to generate admissions and revenues. Plaintiffs sought nominal and punitive damages only. Estate of W.H. O'Kelley v. Gwinnett County Hospital Authority and Metro Ambulance Service, Inc., State Court of Cobb County, Georgia (9/23/88).


Medical Malpractice / Wrongful Death
$1,250,000 Verdict ($250,000 punitive damages)

Medical malpractice in vascular surgery by physician alleged to be unqualified to do the surgery. Wrongful death of 58-year-old correctional officer. Cartwright v. Piza , Superior Court of Baldwin County, Georgia (7/15/88).


Medical Malpractice
$2,400,000 Cash Settlement

Medical malpractice in neurosurgery by physician resulting in Caudal Equina Syndrome. Plaintiff proved hospital's knowledge of physician's incompetence through histories of over 50 patients treated previously by physician. Flemming v. Kaufmann, M.D. and Cobb County Kennestone Hospital Authority, Superior Court of Fulton County, Georgia (4/15/88).


Medical Malpractice
$455,000 Verdict ($55,000 for pain and suffering + $400,000 punitive damages)

88 year old woman invalid whose leg was broken by nursing negligence and later died of unrelated causes. Proved that for five days nurses withheld from physician both the fact they had dropped the patient and the complaints made by the patient. Liddell v. Gwinnett Hospital Authority, State Court of Gwinnett County, Georgia (10/10/86).


Medical Malpractice
$2,200,000 Cash Settlement During Trial

Failure to diagnose severe dehydration and chemical imbalances in a child resulting in cerebral palsy and mental retardation. Wilkes v. Wu, Superior Court of Catoosa County, Georgia(3/5/86).


Medical Malpractice / Wrongful Death
$1,400,000 Verdict

Surgery and post-operative care; wrongful death of 38-year-old machinist. esophagogastric anastomosis failed following surgery to excise adenocarcinoma, resulting in mediastinitis which went undetected and, after detection, went untreated for 15 days. Resultant infection "rotted" the aorta which ruptured. Ramsey v. Lee, Superior Court of Chatham County, Georgia (11/8/85).


Medical Malpractice
$900,000 Cash Settlement

Failure to monitor Gentamicin administration after surgery and failure to control bleeding after surgery, which together caused permanent kidney failure. Phillips v. Unnamed M.D., Superior Court of Muscogee County, Georgia (12/83).


Medical Malpractice
$4,700,000 Verdict ($960,000 punitive damages) (Settled after verdict)

Failure to diagnose spinal fracture resulting in quadriplegia.

More about this case


Medical Malpractice
$750,000 Verdict ($250,000 punitive damages) (Verdict paid as part of settlement of this and companion case.)

Failure to diagnose and treat cancer, with pain and suffering as a result. Surgeon and pathologist failed to adequately communicate results of tumor analysis. McClure v. Anderson, M.D. and Martin, M.D., Superior Court of Hall County, Georgia (3/14/87).

At Butler Wooten Cheeley & Peak LLP, we have the resources and experience it takes to successfully pursue complex personal injury, wrongful death, and product liability litigation. Contact us today. We would be happy to discuss your case with you.