View Complaint: Georgia State Jury Awards $ 15 Million To Patient And His Wife In Medical Malpractice Action Brought Against Providers After Patient Left Paralyzed From Fall Off Table During Blood Draw
On Oct. 17, 2012, Cris A. Nelson went to Emory Specialty Associates, L.L.C., a subsidiary of Emory Healthcare, Inc., in Covington, GA. He went for a routine physical exam. Charissa Hurst, a medical assistant, drew blood from Nelson while he was sitting on the examining table. After collecting several vials, she reportedly removed the needle and turned away to get an adhesive bandage. Nelson lost consciousness and fell forward, landing on the floor on his face. He suffered a cervical spine injury and was rendered a C5-8 quadriplegic.
Nelson and his wife Deborah A. Nelson filed a complaint in the State Court Of Dekalb County, State Of Georgia against Emory Specialty, Emory Healthcare, and Hurst. Plaintiffs asserted claims for medical negligence. They sought past general damages, past expenses, future general damages, future expenses, loss of consortium for Deborah, and expenses of litigation including attorney fees. On Nov. 3, 2014, defendants filed an answer denying liability and claiming that Nelson's injuries were the result of an accident.
On Feb. 16, 2015, plaintiffs made a demand for settlement of $ 12,000,000.00. On March 6, 2015, defendants made an offer of settlement of $ 3,000,000.00. On March 10, 2015, defendants made an offer of settlement of $ 2,400,000.00.
According to the consolidated pretrial order, defendants admitted negligence. The action proceeded to a jury trial before Judge Stacey K. Hydrick. The jury returned a verdict in favor of the Nelsons, awarding Cris $ 12,000,000 and Deborah $ 3,000,000. On May 6, 2016, Judge Hydrick entered a final judgment, including unliquidated damages interest from March 18, 2015 go May 3, 2016 of $ 846,575.34 plus $ 2,054.79 from May 3, 2016 until entry of the final judgment, subtracting a set off for medical payments of $ 355,666.38, for a total judgment of $ 15,490,908.96.
Lexis Advance users may access the full summary, including counsel and expert information, here: Cris A. Nelson and Deborah A. Nelson v. Emory Healthcare, Inc., Charissa Hurst, M.A., Emory Specialty Associates, L.L.C., and John/Jane Doe(s) 1-3; 2016 Jury Verdicts LEXIS 2879
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