Judge Orders More Damages for Medical Malpractice Case

Our Atlanta medical malpractice attorneys saw a recent news story about a medical malpractice case in which the judge added to the damages awarded to the injured person.

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The case stems from the 2008 birth of twins Trevor and Alyssa Clemons. The twins’ parents, Annette Clemons and Jason Cole, noticed that Trevor was acting lethargic and didn’t want to eat. They took him to the emergency room at Gwinnett Medical Center, where he was transported by helicopter to Children’s Healthcare of Atlanta at Scottish Rite. After many tests, the little infant boy was diagnosed with maple syrup urine disease, a metabolic disorder that blocks the processing of certain amino acids. If not treated promptly and properly, this disorder can lead to permanent brain damage. And it was discovered that this is what happened to little Trevor Clemons.

In 2010, Annette Clemons and Jason Cole filed a lawsuit against several doctors and health care providers involved in Trevor’s treatment. The lawsuit was filed in DeKalb County State Court, and several of the defendants settled with the family in 2012. After that, the only remaining defendants were Dr. Gregory Sysyn and Neonatology Associates of Atlanta, his employer. Trevor’s case was then transferred to Fulton County. In 2012, there was an offer to settle the remainder of the case for $2 million, which didn’t come to fruition because the defendants rejected the offer.
Eventually, a jury awarded little Trevor’s family with a $3 million judgment against Dr. Sysyn and Neonatology Associates of Atlanta in 2013. And now, just last week, a judge in Fulton County ordered the defendants to pay an additional $1.5 million to the family for attorneys fees, expenses, and interest. Judge Susan Edlein, the Fulton County judge, found that the 2012 settlement offer triggered the state’s offer of judgment statute. This was found to override the claims of the defense that Trevor’s parents’ decision to drop their claims prior to trial substantially altered the case after the settlement offer was made. Judge Edlein has not yet ruled on whether to order a new trial or issue a judgment, notwithstanding the verdict. With the extra award from Judge Edlein, the specific award to Trevor Clemons, who is now five years old, is $4,479,045.
It will be interesting to see how this case progresses, and what the judge will decide on for a potential new trial or any appeals. This case could have an impact on how the procedure and settlement offers will be interpreted in future medical malpractice cases.

Atlanta Medical Malpractice Lawyers

If you or a loved one has been injured by the negligence of a medical professional, the experienced personal injury attorneys at Sammons & Carpenter may be able to help get the compensation needed and deserved. To discuss the specifics of your case and any steps to move forward in legal avenues, contact the Law Office of Sammons & Carpenter as soon as possible at 404-814-8948, or fill out our confidential online case evaluation form for a free consultation today.

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