Georgia Verdicts

Plaintiff(s):

Katherine B. Dean (Female, 30s), 

Lester Harold Dean, IV (Male, 38 Years), 

Estate of Charles David Dean (Male, 2 Days)

Plaintiff Attorney(s):

Tracey L. Dellacona;
Dellacona Law Firm;
Macon,
GA,
for
Katherine B. Dean, Lester Harold Dean, IV, Estate of Charles David Dean ■ John Christopher Clark;
Clark & Smith Law Firm LLC;
Macon,
GA,
for
Katherine B. Dean, Lester Harold Dean, IV, Estate of Charles David Dean ■ Michael Morgan Smith;
Clark & Smith Law Firm LLC;
Macon,
GA,
for
Katherine B. Dean, Lester Harold Dean, IV, Estate of Charles David Dean

Defendant(s):

Henry J. Davis, M.D., 

Kerry D. Holliman, M.D., 

Central Georgia Women’s Health Center LLC

Defense Attorney(s):

Henry E. Williams;
McCall Williams LLC;
Albany,
GA,
for
Henry J. Davis, M.D., Central Georgia Women’s Health Center LLC ■ Robert G. Tanner;
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC;
Atlanta,
GA,
for
Kerry D. Holliman, M.D. ■ W. Earl McCall;
McCall Williams, LLC;
Albany,
GA,
for
Henry J. Davis, M.D., Central Georgia Women’s Health Center LLC ■ Emily Quan;
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC;
Atlanta,
GA,
for
Kerry D. Holliman, M.D.

Insurer(s):

American Eagle Insurance Co. for Central Georgia Women’s Health Center;
The Doctors Co. for Davis and Holliman

In 2007, plaintiff Katherine Dean, 30s, became pregnant. She had a history of a LEEP procedure (removal of part of the cervix), which increased her risk for complications. She chose defendant Kerry D. Holliman, M.D., as her OB/GYN. Holliman’s partner was defendant OB/GYN Henry J. Davis, M.D. Based on Mrs. Dean’s history, Dr. Holliman decided to have ultrasounds performed on plaintiff every two weeks starting early in the pregnancy. On July 25, 2007, an ultrasound indicated an issue, which was reported to Dr. Holliman. After consulting with Mark Boddy, M.D., a maternal fetal medicine specialist, Dr. Holliman scheduled Mrs. Dean to come in one week later for another ultrasound. No heavy lifting was recommended during that time and Mrs. Dean to stay on bed rest until the next ultrasound. Mrs. Dean developed other symptoms on July 31, which prompted her to go the hospital for evaluation. It was after regular business hours for her doctors, but she spoke with Dr. Davis, who was on-call and agreed that Mrs. Dean should be seen. Dr. Davis did not go see Mrs. Dean at the hospital. Rather, Mrs. Dean was examined by a nurse, who consulted with Dr. Davis. Mrs. Dean was discharged home with instructions to see Dr. Davis the following morning. Mrs. Dean again called defendants’ office, Central Georgia Women’s Health Center LLC, early the next morning before office hours and spoke with Dr. Davis to report worsening symptoms. She was told to come to the office when the office opened. She presented to Dr. Davis’ office, where another doctor saw her and sent her to Dr. Boddy. While at Dr. Boddy’s office, her symptoms continued to worsen and she was sent directly to labor and delivery at a medical center. Mrs. Dean was admitted to the hospital and delivered a baby by C-section late that night. The baby, Charles Dean, was at 23-weeks, 4 days gestation and died two days later. Katherine Dean and her spouse, Lester Harold Dean, IV, filed suit, individually and on behalf of the estate of Charles David Dean, against defendants, alleging medical negligence and violations in the standard of care. The plaintiffs alleged that the defendants failed to offer or take options which would have prolonged the gestational period and saved the baby. The plaintiffs claimed a cerclage procedure, which is a procedure in which stitches are used to close the cervix during pregnancy, or progesterone medication, both proven treatments, would have prolonged the pregnancy and saved the baby. However, the plaintiffs claimed neither method was discussed or recommended. The defense denied it was a violation in the standard of care not to offer a cerclage procedure or progesterone medication in 2007. The defense also asserted that the loss of the baby was not due to a weak cervix or cervical insufficiency, but was due to an infection, which instigated early labor. In response, the plaintiffs argued there was no evidence of an infection resulting in early labor.

Plaintiffs’ decedent Charles David Dean died as a result of early labor and birth at 23 weeks gestation. Plaintiffs sought damages for wrongful death, loss of society and companionship, pain and suffering for the infant and his parents, medicals and funeral expenses. Defendants maintained they were not responsible for the early birth, and no damages were due or owing.

The jury found for the plaintiffs and awarded a total verdict of $4,343,835.42.

Estate of Charles David Dean: $4,591 Wrongful Death: Funeral Burial Expense; $3,500,000 Wrongful Death: wrongful death; $21,198 Wrongful Death: medical expenses; $200,000 Wrongful Death: pain and suffering; Katherine B. Dean: $18,047 Wrongful Death: medical expenses; $600,000 Wrongful Death: pain and suffering

Judge:

William P. Adams

Demand:

Within defendants’ coverage limits

Offer:

N/A

Trial Length:

1
 weeks

Trial Deliberations:

2
 hours

Jury Vote:

All jurors were polled and affirmed the plaintiffs’ verdict.

Jury Composition:

12 jurors

This report is based on information provided by plaintiff’s counsel and court documents. The defense attorneys did not respond to a request for comment.