While it pales in comparison to other verdicts recently reported on this list serve, I feel compelled to post this report on the verdict we received last Thursday in the State Court of Troup County before Judge Jeanette Little. The defendant was West Georgia Medical Center, which was represented by Richard Tisinger of Tisinger Vance out of Carrollton. Our client’s mother suffered a fracture of her right femur when she fell after being left alone in a shower. When she was admitted two days earlier, she had been assessed as at high risk for falls and severe injury. The morning of the fall, she had an oxygen desaturation episode that required the attention of a rapid response team and was then taken to dialysis in which six liters of fluid were removed. Her subsequent death was not related to the fall and fracture.
Eugene Felton and I started trial on Monday 2/29 and the jury was given the case Wednesday 3/2 at about 4:00pm. According to the foreman, the jury had already found in our favor when they asked the Judge to let them go home at about 5:00pm. The next morning, the jury took about an hour and a half to reach its verdict of $325,000. We had previously made a demand of $300,000 and then submitted and an Offer of Settlement of $250,000. In response, the Hospital offered $15,000. The day before trial, the Hospital proposed a high/low of $75k/$25k to which we responded with $300k/$100k. I received no response from the Hospitalâ€™s lawyer. We are not certain of it, but have been told by local lawyers that our verdict is the first loss for West Georgia Medical Center in 25 years.