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Knipher v. Memorial Health Univ. Med. Ctr.

The plaintiffs in a medical malpractice action were entitled to prejudgment interest on the $6.25 million jury verdict because they made a settlement demand for $6 million on the only known defendant in accordance with O.C.G.A. § 51-12-14.

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In this medical malpractice action, Krenson Edward Kniphfer and Jennifer Harry Kniphfer appeal, contending that, because the damages awarded by the jury exceeded the damages requested in settlement demand letters sent to the defendants pursuant to OCGA § 51-12-14 b, the trial court erred by denying a request for prejudgment interest. For the reasons set forth below, we reverse.

The record shows that, on January 29, 2001, Krenson Edward Kniphfer and Jennifer Harry Kniphfer filed suit against Memorial Health University Medical Center, Inc. for medical malpractice and loss of consortium, respectively. On May 24, 2001, the Kniphfers sent a settlement demand for $6,000,000 to Memorial pursuant to OCGA § 51-12-14. On June 20, 2001, the Kniphfers filed a motion to add MPPG, Inc., a wholly owned subsidiary of Memorial, as a party defendant. The Kniphfers filed this motion after they learned through discovery and investigation that MPPG was directly responsible for the actions of the surgeon who treated Mr. Knipher. Memorial had not been forthcoming with this information. Then, on July 12, 2001, the Kniphfers sent a settlement demand to MPPG which was identical to the earlier one sent to Memorial. Neither Memorial nor MPPG, who shared the same attorney, responded to these settlement demands.

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