Georgia Verdicts

Plaintiff(s):

Stacie Willis , 

DeJuan Williams (Male, 18 Days)

Plaintiff Attorney(s):

Jay F. Hirsch;
Pope McGlamry;
Atlanta,
GA,
for
Stacie Willis, DeJuan Williams ■ C. Neal Pope;
Pope McGlamry;
Columbus,
GA,
for
Stacie Willis, DeJuan Williams ■ Kimberly J. Johnson;
Pope McGlamry;
Atlanta,
GA,
for
Stacie Willis, DeJuan Williams ■ Caroline G. McGlamry;
Pope McGlamry;
Atlanta,
GA,
for
Stacie Willis, DeJuan Williams ■ Courtney Mohammadi;
Pope McGlamry;
Atlanta,
GA,
for
Stacie Willis, DeJuan Williams ■ Jonathan W. Johnson;
Jonathan W. Johnson, LLC Attorneys at Law;
Atlanta,
GA,
for
Stacie Willis, DeJuan Williams ■ Michael J. Blakely, Jr.;
Pope McGlamry;
Atlanta,
GA,
for
Stacie Willis, DeJuan Williams

Plaintiff Expert(s):

Fred Kogen; M.D.; General Practice; Los Alamitos,
CA called by:
Jay F. Hirsch, C. Neal Pope, Kimberly J. Johnson, Caroline G. McGlamry, Courtney Mohammadi, Jonathan W. Johnson, Michael J. Blakely, Jr. ■ Myles Gibbons; M.D.; Pediatric Urology; Washington,
DC called by:
Jay F. Hirsch, C. Neal Pope, Kimberly J. Johnson, Caroline G. McGlamry, Courtney Mohammadi, Jonathan W. Johnson, Michael J. Blakely, Jr. ■ Santa Johnston; M.D.; Pediatrics; Greenville,
NC called by:
Jay F. Hirsch, C. Neal Pope, Kimberly J. Johnson, Caroline G. McGlamry, Courtney Mohammadi, Jonathan W. Johnson, Michael J. Blakely, Jr. ■ Joseph Shrand; M.D.; Psychiatry; Brockton,
MA called by:
Jay F. Hirsch, C. Neal Pope, Kimberly J. Johnson, Caroline G. McGlamry, Courtney Mohammadi, Jonathan W. Johnson, Michael J. Blakely, Jr. ■ Kathryn Harrod; C.N.M.; Midwifery; Genoa City,
WI called by:
Jay F. Hirsch, C. Neal Pope, Kimberly J. Johnson, Caroline G. McGlamry, Courtney Mohammadi, Jonathan W. Johnson, Michael J. Blakely, Jr.

Defendant(s):

Anne Sigouin, 

Teleflex Inc., 

Brian Register, 

Melissa G. Jones, 

Abigail Kamishlian, 

Life Cycle OB/GYN LLC, 

Teleflex Medical Inc., 

Life Cycle Pediatrics LLC, 

Daffodil Pediatric and Family Medical Services LLC

Defense Attorney(s):

None reported;
for
Teleflex Inc., Teleflex Medical Inc. ■ Michael G. Frankson;
Huff Powell & Bailey, LLC;
Atlanta,
GA,
for
Anne Sigouin, Life Cycle Pediatrics LLC ■ Terrell W. Benton III;
Hall Booth Smith, P.C.;
Atlanta,
GA,
for
Brian Register, Melissa G. Jones, Life Cycle OB/GYN LLC ■ R. Page Powell Jr.;
Huff Powell & Bailey, LLC;
Atlanta,
GA,
for
Anne Sigouin, Life Cycle Pediatrics LLC ■ Erin Coia;
Hall Booth Smith, P.C.;
Atlanta,
GA,
for
Brian Register, Melissa G. Jones, Life Cycle OB/GYN LLC ■ William R. Story;
Hall Booth Smith, P.C.;
Atlanta,
GA,
for
Brian Register, Melissa G. Jones, Life Cycle OB/GYN LLC ■ Robert P. Monyak;
Peters & Monyak, LLP;
Atlanta,
GA,
for
Abigail Kamishlian, Daffodil Pediatric and Family Medical Services LLC ■ Austin T. Ellis;
Peters & Monyak, LLP;
Atlanta,
GA,
for
Abigail Kamishlian, Daffodil Pediatric and Family Medical Services LLC

Defendant Expert(s):

John Sperry Jr.;
Pediatrics;
Charleston,
SC called by:
Robert P. Monyak, Austin T. Ellis ■ Louis Casal;
Psychiatry;
Atlanta,
GA called by:
Terrell W. Benton III, Erin Coia, William R. Story ■ Norman Harbaugh Jr.;
Pediatrics;
Atlanta,
GA called by:
Robert P. Monyak, Austin T. Ellis

On Oct. 21, 2013, plaintiff DeJuan Williams, an 18-day-old boy, underwent a scheduled circumcision at Life Cycle OB/GYN, in Riverdale. The circumcision was performed by midwife Melissa Jones, who was later assisted by obstetrician/gynecologist Dr. Brian Register. The child’s mother, plaintiff Stacie Willis, claimed that the circumcision severed the tip of the baby’s penis, including part of the urethra, leaving him with a deformed penis and a permanent injury. Willis sued Jones and Register, their practice, Life Cycle OB/GYN, and Life Cycle’s owner, Anne Sigouin. Willis also owned Life Cycle Pediatrics, which Sigouin owned. She also sued DeJuan’s pediatrician, Abigail Kamishlian, and her practice, Daffodil Pediatric and Family Medical Services LLC. Willis alleged that the defendants violated the standard of care with regard to the treatment provided to DeJuan and that this constituted medical malpractice. Willis also sued Teleflex Inc. and Teleflex Medical Inc., the manufacturers of the circumcision clamp that was used by Jones, but they were dismissed via summary judgment. Willis’ expert mohel (a person trained in performing Jewish circumcisions) testified that Jones improperly performed the circumcision by inadvertently amputating the glans of the baby’s penis. According to the expert, Jones had trapped part of the end (glans) of the baby’s penis in the circumcision clamp that she was using and severed a portion of the glans tissue when she used a scalpel to cut off the foreskin. Willis’ expert in midwifery testified that Jones, when placing the infant’s penis in the clamp, trapped the end of the penis and thereby exposed the tip of the penis. Instead of removing part of the foreskin with a scalpel, as she should have done, the expert stated that Jones improperly removed a portion of the tip of the penis. The expert further opined that Jones and Sigouin failed to meet the standard of care when they did not send the baby and tissue for emergent treatment with a pediatric urologist. After Jones severed the tip of the penis, heavy bleeding started to occur, which prompted Jones to call Register to the operating room. Register then called Sigouin, the owner of the clinic, to tell her of the incident. Jones called Kamishlian, the child’s pediatrician, and told her what happened. Kamishlian advised Jones to tell Willis to take the infant to an emergency room if the bleeding started again and to come see her the next day. Willis’ counsel maintained that Register, as the attending physician, should have sent the baby and the severed tissue emergently to a urologist and his failure to do so was a breach in the standard of care. Willis’ expert in pediatrics testified that Kamishlian should have had Jones instruct Willis and the infant to present to an emergency room immediately with the severed tissue for reattachment. The expert stated that her failure to do so was a breach in the standard of care. Instead, the piece of tissue was stored in a refrigerator at Life Cycle OB/GYN, where it remained for months until it was discarded. Willis allegedly was not informed of the preserved penile tissue. Willis’ expert in pediatric urology opined that there would have been an 85 percent chance the severed slice of tissue from the glans could have been reattached if it and the child had been rushed to the emergency room. Willis’ counsel faulted Sigouin for not taking the appropriate measures for instructing that the child be seen by a pediatric urologist for immediate reattachment of the severed penis. Sigouin’s counsel maintained that no liability should be found because Register reassured her the situation was under control and Sigouin took Register at his word. The defense maintained that the call to Sigouin was an administrative courtesy to inform her that a circumcision complication had occurred. Since Register was the attending physician who was overseeing the procedure, there was no need for Sigouin to take any additional action, her counsel argued. Kamishlian testified that, when Jones contacted her, the midwife failed to convey the severity of the situation and that she would have immediately referred the baby to a pediatric urologist had she known that a portion of the infant’s penis had been inadvertently severed. Kamishlian’s experts in pediatrics testified that Kamishlian acted within the bounds of an ordinary, prudent medical professional and, given the information that was provided to her, she was not obligated to refer the infant to a specialist on an emergent basis. Prior to trial, Jones, Register and Life Cycle OB/GYN had their answers stricken by the court due to the destruction of the severed penis tissue after they had notice of potential litigation and before discovery began, which the court found to be unconscionable and amounted to spoliation. As a result, these parties were only able to defend the case on damages. Sigouin and Kamishlian were able to defend on all claims.

In the weeks following the circumcision, DeJuan came under the care of a pediatric urologist. By that time, the infant’s penis had swollen and developed strictures that prevented him from properly urinating. In the ensuing weeks, the child underwent a number of surgeries to remove the strictures. He continued to consult with the pediatric urologist and additional surgeries were performed in the ensuing years in attempts to repair the infant’s glans/urethra. Plaintiffs’ expert in pediatric urology testified that, despite multiple procedures, attempts to repair DeJuan’s penis were unsuccessful because replicating the glans that had been removed during the circumcision was nearly impossible. In one of the procedures that DeJuan had undergone, tissue from the interior of his lip, which is the closest tissue in the body resembling glans tissue, was grafted onto the infant’s penis. The child suffered recurring scarring and scabbing. The expert concluded that DeJuan requires ongoing surgical procedures. Plaintiffs’ expert in psychiatry testified that DeJuan will suffer a lifetime of psychological injuries as a result of his deformed penis. The expert outlined the psychological impact that DeJuan, who was 5 at the time of trial, will suffer as he ages and goes through adolescence and adulthood, how his deformed penis will frame his personality and how it will affect his personal and sexual relationships. The expert determined that DeJuan requires lifelong psychiatric treatment. DeJuan’s mother testified that, due to his condition, her son suffers from irritability, low self-esteem, difficulties at school and difficulty interacting with his siblings and peers. The plaintiffs sought approximately $1 million for DeJuan’s psychiatric and medical care. They also sought damages for past and future pain and suffering. Jones, Register and Life Cycle OB/GYN’s expert in psychiatry acknowledged that DeJuan would suffer some psychological injury, but opined that the treatment the plaintiffs were claiming was excessive. The expert determined that the likely cost of future psychological treatment would be approximately $250,000. The other defendants maintained that any future treatment DeJuan requires is due to the negligent treatment by Jones, Register and Life Cycle OB/GYN LLC.

The jury attributed 50 percent liability to Jones, 30 percent liability to Register, 10 percent liability to Sigouin and 10 percent liability to Kamishlian. The jury determined that the plaintiffs’ damages totaled $30,995,000.

DeJuan Williams: $400,000 Personal Injury: Past Medical Cost; $30,000,000 Personal Injury: past and future pain and suffering; $115,000 Personal Injury: litigation and attorney’s fees (against Sigouin and Life Cycle OB/GYN); $100,000 Personal Injury: conscious indifference to consequences (against Sigouin and Life Cycle OB/GYN); Stacie Willis: $380,000 Personal Injury: past and future medical cost

Judge:

Shalonda Jones-Parker

Trial Length:

10
 days

This report is based on information that was provided by plaintiff’s counsel and counsel of Jones, Register and Life Cycle OB/GYN. Counsel of Teleflex Inc. and Teleflex Medical was not asked to contribute, and the remaining defendants’ counsel did not respond to the reporter’s phone calls.