$3M Verdict Increased to $4.5M in Case for Boy Suffering Brain Damage
A Fulton County judge recently awarded a $4.5 million dollar verdict in a medical case to a brain-damaged five year old boy and his guardian ad litem, Nicholas C. Moraitakis. When the boy’s parents, Annette Clemons and Jason Cole, noticed that their newborn son Trevor seemed lethargic and less hungry than his twin sister, they took him to the hospital. Trevor was eventually diagnosed with maple syrup urine disease, a condition which prevents the body from processing certain amino acids, and can cause brain damage if left untreated.
Trevor’s parents filed a lawsuit in DeKalb County against several medical and healthcare professionals, and reached several settlements in 2012. The remaining defendants, Dr. Gregory Sysyn and Neonatology Associates of Atlanta, denied a settlement of $2 million after Trevor’s parents dropped all claims a few days before trial, leaving Trevor as the sole plaintiff. The case was moved to Fulton County.
The jury at Fulton County decided on a total verdict of $7.5 million, in which Dr. Sysyn and Neonatology Associates of Atlanta would be responsible for 40 percent. Trevor and guardian ad litem, Nicholas C. Moraitakis, were represented by James Poe and Charles Hehmeyer, who filed motions for two amendments to the court’s final judgment. Poe amended to add interest accrued from 2012, when the first offer of judgment was made, to the $3 million award under the Georgia’s Unliquidated Damages Act. The next motion for amendment was to add the 40 percent contingency fee and expenses under Georgia’s offer of judgment statute.
The defendants’ representatives, John Hall and Russell Davis, argued that there was a substantial change in the complexion of the case’ when Trevor’s parents dropped all claims. Secondly, Davis and Hall argued to void the contingency fee and expenses due to the lack of evidence of the amount and cost of the work by the plaintiff’s lawyers. Lastly, the defense claimed that the plaintiff had exterior motives, by seeking extra damages under both the offer of judgment and unliquidated damages statutes.
All arguments were dismissed by the judge, and the plaintiff was awarded a $3 million verdict, $107,534 in pre-judgment interest, $1,243,013 in attorney fees, and $128,497 in expenses; totaling to $4.5 million.
Medical Malpractice Law at Moraitakis & Kushel, LLP
Moraitakis and Kushel, LLP specialize in medical malpractice law in Atlanta, Georgia. With over 70 years of legal experience and the help of top medical experts, Moraitakis and Kushel can get you the financial compensation you deserve. If you or a loved one has been a victim of negligent medical care, please contact our experienced medical malpractice attorneys.
Listed below are a few case results that Moraitakis & Kushel, LLP have achieved:
- $7,880,000.00 Brain damage after gynecological surgery
- $850,000.00 Failure to diagnose a child with ocular cancer
- $775,000.00 Death of a child due to failure to diagnose and treat an infection