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Verdicts & Settlements

  • $15.0 million involving man who was left a ventilator dependant quadriplegic as result of broken neck during intubation

  • $12.5 million involving a suicide

  • $10.75 million settlement with physicians and hospital in case involving infant who suffered permanent brain injuries at birth

  • $8.1 million wrongful death verdict in case involving an outpatient suicide, highest verdict in the United States in a suicide case

  • $7.1 million verdict represented the first medical malpractice verdict ever in Guilford County, highest medical malpractice verdict in North Carolina at the time, the second highest punitive damages verdict in the state

  • $7 million awarded by jury in medmal verdict

  • $4.5 million involving a child who suffered significant brain injury as result of medical treatment received for heart condition

  • $3.5 million verdict involving infant who suffered permanent brain injuries

  • $3.25 million for the wrongful death of husband and father of 4 children who died due to a failure to see and appreciate a brain aneurysm by a radiologist performing an MRA (Magnetic Resonance Angiogram)

  • Confidential settlement in 2002: $2.3 million for the wrongful death of a 38 year-old, wife and mother of 2 children who died following a routine thyroidectomy

  • Cumberland County: $1.5 million settlement in a car accident involving a 31 year-old wife and mother of 2 children which resulted in a closed-head injury and permanent brain damage

  • Macon County: $800,000 wrongful death verdict in case involving throat cancer

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    Wrongful Death -- Failure To Establish Airway During Biopsy -- Severe Brain Damage, Coma -- Award

    NCLW Trial Reports 1996

    Medical Malpractice

    Wrongful Death -- Failure To Establish Airway During Biopsy -- Severe Brain Damage, Coma -- Award

    Brief Statement of Claim: The plaintiffs sued for the wrongful death of a 75-year-old male with throat cancer who went into outpatient surgery for a throat biopsy. After putting him to sleep, the physicians failed to establish an airway in time to avoid brain damage and eventual death.

    Principal Injuries (in order of severity): Death. Severe brain damage resulted in 18 days of coma before death. Unresponsive during that period except to pain.

    Special Damages: $45,000 in medicals; $5,000 in funeral expenses

    Tried or settled: Tried

    County where tried or settled: Macon

    Case Name and number: Mary E. Houston, Individually and as Administratrix of the Estate of Donald Gordon Houston v. John P. Erdman, M.D., Gary Eugene Mauldin, M.D., and Sylva Anesthesiology, P.A. (Macon County Superior Court; 932 CvS 110)

    Date Concluded: June 16, 1994

    Name of Judge: Marcus L. Johnson

    Amount: $725,000 (with interest and costs, $800,000)

    Insurance Carrier: Medical Mutual of North Carolina and St. Pauls

    Expert Witnesses and areas of expertise: Dr. Tom Mitros, Philadelphia, and Dr. Robert Mesrobian, Fairfax, Va., both anesthesiologists

    Attorneys for plaintiff: Wade E. Byrd of Berry & Byrd, Fayetteville; Bill Colson, Miami, FL and Highlands, NC

    Other Useful Info: There has never before been a verdict for the plaintiff in a malpractice case in Macon County. The largest prior verdict in the county in any case was $65,000.