National Verdicts

Plaintiff(s):

Betty J. Hand (Female, 50 Years), 

George E. Hand (Male, 63 Years)

Plaintiff Attorney(s):

Mark A. Tate;
Tate Law Group;
Savannah,
GA,
for
Betty J. Hand, George E. Hand ■ James E. Shipley Jr.;
Tate Law Group;
Savannah,
GA,
for
Betty J. Hand, George E. Hand

Plaintiff Expert(s):

Kurt Bergquist; Electrical; Minneapolis,
MN called by:
Mark A. Tate, James E. Shipley Jr. ■ James Cummings; M.D.; Urology; St. Louis,
MO called by:
Mark A. Tate, James E. Shipley Jr.

Defendant(s):

Gilbert J. Gonzalez, M.D., 

South Georgia Urology Center PC

Defense Attorney(s):

Terrell W. Benton III;
Hall Booth Smith, PC;
Atlanta,
GA,
for
Gilbert J. Gonzalez, M.D., South Georgia Urology Center PC

Defendant Expert(s):

Neal Shore;
Urology;
Myrtle Beach,
SC called by:
Terrell W. Benton III

Insurer(s):

Medical Protective Co. for South Georgia Urology and Gonzalez

In 2006, plaintiff George E. Hand, 63, a truck driver, presented to urologist Gilbert J. Gonzalez, M.D. for treatment of a swollen prostate with incontinence. Gonzalez used a microwave transurethral device to treat the problem. During the procedure, the device burned a fistula through Hand’s urethra to the rectum, resulting in incontinence and impotence, and necessitating a permanent colostomy. Hand filed suit against Gonzalez and his practice, South Georgia Urology Center, PC, alleging medical negligence and violations in the standard of care. Hand alleged that, after placing the transurethral device, Gonzalez left the room for 45 minutes, leaving Hand alone with a medical technician. It was while Gonzalez was gone from the room that the injury occurred. Hand alleged that Gonzalez misplaced the device and then failed to monitor the procedure. Hand argued that the manufacturer of the machine stated that the physician should stay and monitor the device during the procedure. The defense denied any violations in the standard of care, contending that Gonzalez was not required to stay in the room to monitor during the procedure. The defense also denied that the device had been misplaced. Further, the defense asserted that the burn injury and fistula were caused when the microwave transurethral device malfunctioned. In response, Hand argued that there was no evidence that of any malfunction. This case was previously tried and resulted in a defense verdict. Following an appeal by the plaintiff, the Court of Appeals reversed and remanded due to judicial error. The case then proceeded to a second trial.

Hand suffered a burn injury and fistula through the urethra to the rectum, causing urine to pass through the rectum. Hand required a colostomy and was left with permanent incontinence and impotence. Hand claimed $100,000 in medicals, as well as lost wages due to losing his job because he was no longer able to drive. He also sought damages for pain and suffering. His spouse, Betty J. Hand, sought damages for loss of consortium. Gonzalez did not dispute that Hand had a fistula as a result of the procedure, but argued that he was not negligent.

The jury found for the plaintiffs and awarded $3.9 million in damages.

Judge:

Robert S. Reeves

Demand:

None

Offer:

None

Trial Length:

3
 days

Trial Deliberations:

2
 hours

Jury Composition:

12 jurors

Post Trial:

At the time of publication, plaintiff was seeking post-judgment interest at the rate of $27,000/month. Per plaintiffs’ counsel, this was the largest recorded verdict in Toombs County history.

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel also contributed to the report.