• February 6, 2017

  Weathington McGrew recently obtained a grant of partial summary judgment in a medical malpractice case involving claims that defendants were negligent in their arrangement, provision, and oversight of the plaintiff’s decedent’s home dialysis treatment.  Gwinnett County State Court Judge Shawn Bratton granted summary judgment to our medical clients on all negligence, medical negligence, and negligence per se claims.  The clients were represented by Paul Weathington, Heather Miller, Lindsay Forlines, and Jessica Holland.

• February 2, 2017

  Paul Weathington and Heather McGrotty successfully represented a hand surgeon in an elbow surgery case wherein plaintiffs alleged the surgeon cut the nerve causing permanent clawing of the hand. The plaintiffs’ attorneys asked for over $6,000,000 alleging their client, a dentist, had been rendered disabled as a result of the surgery. After a 6 day trial in Fulton State Court ending on January 30, the jury deliberated only 1 1/2 hours before rendering a defense verdict.

• February 2, 2017

  After litigating a medical malpractice case for more than a year in Chatham County, Georgia (Savannah), a rheumatologist represented by Spencer Bomarwas voluntarily dismissed. The case involved indications for prescribing Methotrexate for a Lupus patient with renal failure and follow-up laboratory monitoring related to same.

• February 2, 2017

  Heather Miller recently obtained a Dismissal for her client, a cardiologist,  in the Superior Court of Cherokee County.  Heather argued that Plaintiff’s alleged battery claim was actually a medical malpractice claim, requiring an expert affidavit, pursuant to O.C.G.A. § 9-11-9.1. As Plaintiff failed to obtain an expert, and the statute of limitations had expired, the Court agreed and granted the Dismissal.

• February 2, 2017

  Dan McGrew and Andrew Bagley recently obtained summary judgment in a premises liability case pending in plaintiff-friendly Clayton County.  They convinced the Judge to dismiss the case under the doctrine of collateral estoppel after discovering a bankruptcy filing that the Plaintiff tried to conceal during discovery.

• January 23, 2017

  During oral argument, a defendant OB/GYN represented by Spencer Bomarrecently overcame Plaintiff’s Daubert challenge concerning expert testimony about in utero causation opinions in a medical malpractice case alleging brachial plexus injury caused by excessive traction at delivery. Plaintiff’s Daubert challenge was denied from the bench.

• November, 2016

  Paul Weathington and Heather McGrotty obtained a defense verdict for an orthopaedic spine surgeon after a one week medical malpractice trial in Cobb County State Court. Plaintiff alleged a pedicle screw was impinging upon a nerve root requiring a re-do surgery as well as ongoing severe pain that prevented him from working. The jury did not agree there was convincing evidence of a nerve root impingement. Additionally, plaintiff’s immediate post op pain complaints were not supported by the medical records. The jury deliberated for under 2 hours before rendering a defense verdict.

• July 20, 2016

  Paul Weathington and his associates appeared before the Honorable Todd Campbell, Superior Court Judge of Fulton County , for a jury trial where plaintiff alleged that medical providers failed to timely recognize and remove a misplaced femoral catheter, thereby resulting in the amputation of her lower right leg. Based on the fact that several jurors in the panel voiced a relationship with Mr. Weathington and attorney Gabe Banks, the Plaintiff dismissed the case.

• Dan McGrew and Spencer Bomar obtained a defense verdict in favor of an internal medicine physician in the Superior Court of Fulton County in a case alleging medical malpractice and wrongful death. Plaintiffs alleged that an internal medicine physician attending to a sub-acute rehabilitation patient discontinued the patient’s Heparin medication prematurely and that the patient died of an acute pulmonary embolism as a result. The jury determined that the internal medicine physician met the standard of care and did not cause or contribute to the patient’s outcome.

• Heather Miller and Andrew Bagley recently obtained summary judgment in Chatham County in a premises liability lawsuit on behalf of their client, a nationwide recycling company. The Court found that the Plaintiff assumed the risk of his actions, which warranted summary adjudication.

• Dan McGrew and Heather Miller recently defended an OB/GYN in a medical malpractice suit filed in the State Court of Fulton County. Plaintiff alleged that during a hysterectomy, a ureter injury occurred which went undetected or repaired by the defendant physician. After deliberating for less than one hour, the jury returned a verdict in favor of the physician.