A potential $50 million medical malpractice case that ended in a mistrial two years ago is set for a new trial starting Monday before Cobb County State Court Judge Kathryn Tanksley.
Plaintiffs’ attorney Tommy Malone asked the jury for a verdict of at least $50 million for the family of a brain-damaged baby in the August 2011 trial, which ended with a hung jury. As they were leaving the courthouse, jurors revealed to Malone that they would have voted against him and in favor of WellStar Health System Inc., but they couldn’t reach an agreement with regard to the liablity of the obstetrician, Dr. Gregg Alan Bauer, and his practice group, OB-GYN Affiliates.
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