Court of Appeals Affirms $18M Med-Mal Verdict
"This argument—which was not made to the trial court below—defies logic," Judge Carla Wong McMillian wrote.
October 22, 2019 at 02:02 PM
3 minute read
The Georgia Court of Appeals has affirmed an $18 million medical malpractice verdict for a Savannah woman who became paralyzed after being hospitalized for infection.
"We find no error and affirm," wrote Judge Carla Wong McMillian for a panel that included Chief Judge Christopher McFadden and Senior Judge Herbert Phipps.
The judges shut down six charges of error from the seven-day trial before Chatham County State Court Judge Hamrick Gnann Jr. in 2018. The verdict favored Joan Simmons, who was 58 years old and had worked full-time as an accountant for Colonial Oil Group in Savannah before she became ill and went to the hospital in July 2014, according to court records.
The jury apportioned 90% of the fault—or $16.2 million—to SouthCoast Medical Group and Dr. Sarah Barbour, an infectious disease specialist.
"In their first enumeration of error, the defendants assert that the trial court erred in preventing them from cross-examining Simmons regarding her response to an interrogatory produced during discovery," said McMillian. "We are not persuaded."
The doctor's medical group asserted the judge should have allowed questions about who to blame for a spinal infection that led to paralysis. The appeal also claimed errors in jury charges and denial of defense motions for a directed verdict and judgment notwithstanding the verdict.
The jury apportioned 10% of the fault—or $1.8 million—to Candler Hospital Inc. and St. Joseph's Healthcare System. The hospital had been dismissed prior to trial and so was no longer a party to the case.
"To the extent we understand the defendants' argument on appeal, it appears they now argue that because Simmons responded that the propounding party's negligence caused her injuries, without referencing other defendants, she had essentially admitted that Candler was solely responsible for her injuries. This argument—which was not made to the trial court below—defies logic," McMillian said. "In her original complaint, still in effect at the time she responded to Candler's interrogatories, Simmons named Candler, SouthCoast and Barbour as defendants and made numerous factual and legal allegations regarding the negligence of Barbour and SouthCoast. And her interrogatory response does not explicitly state that Candler is solely liable or deny any negligence on the part of Barbour and SouthCoast; therefore, it could not be used as impeachment during her cross-examination."
"Obviously we are disappointed with the decision," said Carlton Joyce of Bouhan Falligant in Savannah, who represents SouthCoast and Barbour. "We respectfully disagree with the Court of Appeals and plan on continuing the appellate process."
Jeffrey Harris of Harris Lowry Manton in Savannah and Atlanta, who represents Simmons, said the appeal presented "mundane, boring evidentiary questions" on which the trial judge had correctly ruled.
"I don't know why they tried to fight it," Harris said. "The bottom line for me is the Court of Appeals got it right."
The case is SouthCoast v. Simmons, No. A19A1407.
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