Georgia Verdicts
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Amount:
$20,509,284
Type:
Verdict-Mixed
State:
Georgia
Venue:
DeKalb County
Court:
DeKalb County, State Court
Injury Type(s):
other-death; cardiac-heart (cardiomyopathy); pulmonary/respiratory-apnea
Case Type:
Wrongful Death; Medical Malpractice – Ambulance/EMS, Delayed Treatment
Case Name:
Renee Lewis, as Mother and Administratrix of the Estate of Brandon Maurice Harris, Deceased v. Emory University, The Emory Clinic, Inc., Neurocare, Inc., Wesley Woods Center of Emory University, Inc., XYZ Corp., 1 & 2, David Rye, MD, Srinivas Bhadriraju, MD, Alvaro Velasquez, MD, David Schulman, John Doe, MD 1 & 2, Judith Holland, Cheryl Pallone, Keir Noe, Stephanie Doe, John Doe Sleep Technologists 1 & 2,
No. 11A36471-1
Date:
September 28, 2015
Plaintiff(s):
Brandon Harris (Male, 25 Years)
Plaintiff Attorney(s):
Shean D. Williams;
The Cochran Firm;
Atlanta,
GA,
for
Brandon Harris ■ Jane M. Lamberti;
The Cochran Firm;
Atlanta,
GA,
for
Brandon Harris ■ Gary Andrews;
The Cochran Firm;
Atlanta,
GA,
for
Brandon Harris ■ Evon Williams;
The Cochran Firm;
Atlanta,
GA,
for
Brandon Harris
Plaintiff Expert(s):
James Shaffer; M.D.; Pulmonology; Melbourne,
FL called by:
Shean D. Williams, Jane M. Lamberti, Gary Andrews, Evon Williams
Defendant(s):
David Schulman,
Neurocare Inc.,
Emory University,
Srinivas Bhadriraju,
The Emory Clinic Inc.
Defense Attorney(s):
Eric J. Frisch;
Carlock, Copeland & Stair LLP;
Atlanta,
GA,
for
David Schulman, Emory University, Srinivas Bhadriraju, The Emory Clinic Inc. ■ Jonathan C. Peters;
Peters & Monyak, LLP;
Atlanta,
GA,
for
Neurocare Inc. ■ Jeffrey S. Bazinet;
Peters & Monyak, LLP;
Atlanta,
GA,
for
Neurocare Inc. ■ Claire A. Sumner;
Carlock, Copeland & Stair, LLP;
Atlanta,
GA,
for
David Schulman, Emory University, Srinivas Bhadriraju, The Emory Clinic Inc.
Defendant Expert(s):
Patrick Strollo;
Pulmonology;
Pittsburgh,
PA called by:
Eric J. Frisch, Jonathan C. Peters, Jeffrey S. Bazinet, Claire A. Sumner
Insurer(s):
Clifton Casualty for Emory University
On Jan. 22, 2010, plaintiffs’ decedent Brandon Harris, 25, underwent a sleep study at Emory Sleep Center in Atlanta. Harris underwent the study in order to determine whether he suffered from sleep apnea. Shortly after 4:15 a.m., Harris began to experience difficulty breathing and complained of chest pain. He was placed on two liters of oxygen by sleep techs, who reportedly waited 12 minutes before contacting 911. Harris became unresponsive minutes before emergency services arrived at the scene. He was pronounced dead shortly thereafter, at Emory University Hospital. Harris’ mother, Renee Lewis, sued Emory University, sleep technology contractor Neurocare Inc., center medical director David Schulman and Srinivas Bhadriraju for medical malpractice and wrongful death. The responding EMTs were initially named in the suit after counsel for Emory University argued that they were potentially liable. The county and all but one of the EMTs were deemed immune from the suit under sovereign immunity. The remaining EMT was ultimately voluntarily dismissed from the case after declaring bankruptcy. Counsel for Neurocare agreed to a confidential pre-trial settlement in Sept. 2015 prior to trial. Lewis alleged that her son, who was disabled, needed to be placed in an inclined position due to cardiomyopathy and orthopnea, which caused fluid to fill his lungs if laid flat for a significant amount of time. She alleged that Harris essentially drowned in his own fluids due to the negligence of the defendants. Counsel for Lewis argued that Emory maintained a degree of control over Neurocare’s sleep technologists, citing a written contract which gave Emory ultimate authority over the time, place and manner of Neurocare’s treatment. Emory also billed and collected payments from sleep study patients. The patients were not informed of Neurocare’s involvement with the sleep center. Counsel for Lewis concluded that Emory was responsible for Neurocare’s departure from the standard of care while treating Harris. The defense denied liability, denying any departure from the standard of care had occurred. The defendants argued that the responding EMTs failed to perform basic life support for at least five minutes and waited at least 25 minutes before transporting Harris to the emergency room of Emory University Hospital. The defense maintained that Emory Sleep Center was not responsible for Harris’ death. The entire sleep study, including care provided by the responding EMTS, was recorded on video. The parties stipulated this footage into evidence and portions were played during trial.
Harris’ cause of death was listed as sudden cardiac death due to cardiomyopathy. The plaintiffs sought wrongful death damages and damages for past pain pain and suffering. The defense did not formally dispute damages.
The jury attributed 60-percent liability to Neurocare Inc.’s sleep techs, 39-percent liability to the DeKalb County EMTs and 1-percent liability to Schulman. The jury also found that Emory was liable for the negligence of Neurocare’s sleep techs. Bhadriraju was found not negligent. Harris’ estate was awarded $10,009,284 in damages for pain and suffering and funeral/burial expenses. Ms. Lewis was awarded $10,500,000 for the full value of the life of her son. The total award of $20,509,284 was reduced to $12,510,663.24 against Emory in light of the liability apportionment to non-party DeKalb County.
Actual Award:
$12,510,663.24
Judge:
Alvin T. Wong
Trial Length:
1
weeks
Trial Deliberations:
4
hours
Jury Vote:
Unanimous
Post Trial:
Emory Sleep Center’s motion for new trial was pending at the time of publication.
This report is based on information that was provided by plaintiff’s and defense counsel.