Jury Awards $ 4.7 Million To Husband In His Georgia Federal Wrongful Death Action Alleging Doctor Failed To Properly Monitor Wife's Liver Function After Prescribing Ketoconazole
On Aug. 19, 2013, Ok *** Smith was seen by William H. Van Laar, D.O. at McDonough Primary Care, Inc. for right great toenail and right thumbnail problems and diagnosed with onychomycosis, nail fungus, and issued a prescription for Ketoconazole (Nizoral) 200-mg tablets to be taken once a day. Mrs. Smith filled the prescription and continued to take the medication for over four months. Mrs. Smith developed wrist and thumb swelling problems and was seen by Nurse Practitioner Jodi Pesce at McDonough Primary Care on Sept. 9, 2013. Mrs. Smith was subsequently seen by Pesce and Van Laar and admitted to Piedmont Henry Hospital. She was allegedly diagnosed with mixed hepatocellular and cholestatic injury most likely drug induced from Ketoconazole. On Jan. 24, 2014, Mrs. Smith died from liver failure and complications. From August of 2013 through January of 2014, Van Laar allegedly prescribed Ketoconazole to Mrs. Smith but failed to properly monitor her liver function. Pesce also allegedly failed to properly monitor Mrs. Smith's liver function.
On Oct. 15, 2014, Thomas E. Smith, Sr., individually and as Administrator of the Estate of Ok *** Smith, deceased filed a complaint against Van Laar, William Van Laar D.O., LLC, Pesce, and McDonough Primary Care in the U.S. District Court for the Northern District of Georgia, alleging negligence. Mr. Smith asserted claims for wrongful death; for the Estate for pain and suffering endured by Mrs. Smith before her death, funeral and burial expenses, and medical expenses; and for the United States for medical treatment paid for by the United States.
On July 8, 2015, a consent order was entered that dismissed Pesce and William Van Laar D.O., LLC without prejudice.
Judge Richard W. Story presided over a jury trial. On June 29, 2016, the jury reached a verdict for plaintiff in the amount of $ 4,700,000. On July 18, 2016, the court entered an amended judgment in favor of plaintiff and against defendants in the amount of $ 4,913,356.16, which included the addition of $ 213,356.16 in prejudgment interest pursuant to Georgia's Unliquidated Damages Interest Act.
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Thomas E. Smith, Sr., Individually and as Administrator of the Estate of Ok *** Smith, deceased, v. William H. Van Laar, D.O.; William Van Laar D.O., LLC; Jodi Pesce; and McDonough Primary Care, Inc; 2016 Jury Verdicts LEXIS 5278