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Kodadek v. Lieberman

The plaintiffs were not entitled to a new trial based on hearsay testimony that the jury bet on the outcome of the case.

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While Dr. Richard Lieberman was suturing a blood vessel that began to bleed during young Ryan Kodadek’s tonsillectomy, the needle broke. A portion of the needle lodged in Ryan’s tonsil fossa, or the opening through which the tonsil was removed. The bleeding increased when Dr. Lieberman began to probe for the needle, so he elected not to retrieve it. Instead, he x-rayed the area, determined that the needle did not pose a danger to Ryan, and completed the surgery.

Dr. Lieberman immediately wished to discuss the incident with Ryan’s mother, Diana Kodadek. A meeting was arranged by Donna Bryan, the Director of Perioperative Services for HCA Health Services of Georgia, Inc. d/b/a Columbia Northlake Regional Medical Center, where the surgery was performed. During the meeting, which nurse Bryan attended, Dr. Lieberman testified that he informed Mrs. Kodadek that a “small portion” of the needle remained in Ryan’s throat. He recommended that Ryan refrain from physical activity and advised that the family remain in town, instead of taking a planned extended vacation, so that Dr. Lieberman could monitor his condition. He indicated that if Mrs. Kodadek insisted on taking a trip, that upon their return, he would perform a CT scan and remove the needle. Mrs. Kodadek’s recollection of this meeting differed substantially from Dr. Lieberman’s. She claimed he told her that the needle was tiny, would never need to be removed, and the “biggest problem” it would ever cause Ryan would be “beeping going through airport security;” and that this type of occurrence happens “all the time.” Mrs. Kodadek leveled similar allegations against nurse Bryan.

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