LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

WWHGD Obtains Defense Verdict for all Defendants in Medical Malpractice Case

John K. “Jay” Train, IV and Claire C. Murray successfully defended Perimeter Center for Outpatient Surgery, L.P. d/b/a HealthSouth Surgery Center of Atlanta, L.P. (“HealthSouth”) in a medical malpractice case brought by a patient who alleged that she suffered severe and permanent injuries resulting from a cervical epidural steroid injection (“CESI”) performed by Kamal Kabakibou, M.D. in July 2002.  The suit was filed in the State Court of Fulton County in Atlanta, Georgia.  

The patient alleged that during the CESI procedure she screamed out in pain repeatedly, although the medical records did not reflect any such outcries.  After the procedure, she allegedly experienced significant headaches, neck pain and numbness in her arms and legs.  One week later, at the referral of a neurologist, the patient underwent an MRI that revealed a high intensity signal consistent with a needle tract injury in the area where the CESI had been performed.  Plaintiff alleged that Dr. Kabakibou negligently transected her spinal cord during the CESI causing a through and through injury.  

Plaintiff alleged that HealthSouth was liable for Dr. Kabakibou’s negligent acts because he was an employee or agent of HealthSouth and owned a two percent interest in the surgery center as a limited partner.

Plaintiff alleged total disability from the CESI.  She has not worked since  the day of the procedure, and her economics expert testified she has suffered a $4.8 million economic loss.  Her past medical expenses approached $150,000.  She claims that as a result of the Defendants’ negligence, she suffers from complex regional pain syndrome and can only perform minor tasks.  The patient alleges that even talking on the phone exhausts her for hours and she does very little other than typing on the computer, watching television, and sleeping.  She has seen over 40 physicians since the injury, including neurologists at The Johns Hopkins Hospital, Emory University Hospital and The Semmes-Murphey Clinic in Memphis, Tennessee in an attempt to find relief for her constant pain.

At the conclusion of the six-day trial on August, 21, 2007, the jury returned the defense verdict for all Defendants after five hours of deliberation.

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