MARIETTA, GA — A four-day trial in Cobb County State Court came to its conclusion on Friday, February 25 when the jury returned a defense verdict after just a fifteen-minute deliberation.
WEATHINGTON Attorneys Heather C. McGrotty and Seleta M. Griffin represented a Smyrna-based primary care physician and healthcare group in a medical malpractice and wrongful death trial before the Honorable Maria Golick in Cobb County State Court. The Plaintiff claimed the defendants violated the standard of care by failing to order an EKG or chest X-ray and failing to refer her 37-year old son to a cardiologist based upon his coronary artery disease (CAD) risk factors. The Plaintiff’s son was a smoker, obese and had a family history of CAD on his father’s side. He was also non-compliant, failing to ever obtain a recommended annual physical. He cancelled a critical follow-up appointment and failed to inform our physician of complaints of chest pain the month he died, despite making such complaints to multiple family members and his roommate.
The Plaintiff’s son had a known history of asthma and presented with complaints of an ear infection moving into his chest causing cough and shortness of breath that had required the use of his rescue inhaler. A pulmonary function test (PFT) was positive for exacerbation of his asthma. He denied chest pain and was told to return in two weeks for a follow-up PFT. He cancelled the appointment and unfortunately died days later. The Cobb County jury deliberated for fifteen minutes before returning a swift verdict in our defendants’ favor.
Despite the unfortunate circumstances of the matter, WEATHINGTON is incredibly proud of our team and our continued strong trial record. Judge Golick said of our team, “It was a pleasure to have experienced, capable attorneys present their cases,” citing in particular Heather’s ‘thorough and compelling presentation’ in front of the 12-person Cobb County jury.
The Firm commends Heather and Seleta for their professionalism and hard work. WEATHINGTON is committed to providing superior service and representation to all of our clients.