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Phillips v. Harmon

The medical malpractice plaintiffs were entitled to a new trial following a verdict in favor of the hospital defendants, because the trial court responded to a note from the jury during deliberations regarding their inability to reach a verdict without ever advising the parties or their counsel that the communication had taken place.

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This Court granted a writ of certiorari to the Court of Appeals in Phillips ex rel. Hector v. Harmon, 328 Ga. App. 686 760 SE2d 235 2014, to determine if that Court properly held in this medical malpractice action: 1 that the trial court’s communication to the jury outside the presence of counsel and the parties was reversible error S14G1893;S14G1895, and 2 that the trial court did not abuse its discretion in its refusal to give plaintiffs’ requested jury charge on spoliation S14G1868. For the reasons which follow, we affirm in part and reverse in part the judgment of the Court of Appeals, and remand the case to that Court.

Lee V. Phillips IV “Phillips” by and through his mother Santhonia Hector “Hector”, and Hector individually collectively “Plaintiffs”, brought this medical malpractice action against certified nurse midwife “CNM” Marcia R. Harmon, Deborah E. Haynes, M.D., Eagles Landing OB-GYN Associates, P.C., Eagles Landing OB-GYN Associates II, LLC, and Henry Medical Center, Inc. collectively “Defendants”. Plaintiffs alleged that Defendants’ negligence caused Phillips to suffer oxygen deprivation shortly before birth, resulting in severe, permanent neurological injuries, including spastic quadriplegia, blindness, and an inability to speak.

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