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Serious Litigators for Serious Injuries

Reese v. Wellstar Health System, Inc. et al.

 

Plaintiff: Donna G. Reese

Defendants: Wellstar Health System, Inc., d/b/a Wellstar Cobb Hospital, Kyriakos Michael Michaelides, MD, Digestive Care Associates, P.C., J. Bricker Burns, M.D., Quantum Radiology Northwest, P.C. and Quantum Radiology, P.C. 

Court: Superior Court

County: DeKalb

Civil Action No.: 02CV8583

Liability Facts:

Plaintiff Donna Reese’s gallbladder was removed on August 12, 2000.  Eighteen days later, she returned to the hospital, complaining of abdominal pain.  Dr. Mark Wyatt, her surgeon sent her directly to the hospital and ordered a HIDA scan, which is a special radiograph to check for a bile duct leak.  Defendant Dr. Burns, a radiologist, read the HIDA scan and found it compatible with a bile duct leak.  Ms. Reese was then referred by Dr. Wyatt to Dr. K. Michael Michaelides, a gastroenterologist who agreed to take over Donna’s care to confirm that she had a leaking bile duct.

Dr. Michaelides concluded that Ms. Reese needed an ERCP procedure to place a stent in her bile duct which is designed to facilitate the healing of the bile duct leak.  During the ERCP procedure Dr. Michaelides did not find evidence of a bile duct leak.  Nevertheless, he continued to try to enter Ms. Reese’s bile duct, and when he had a difficult time getting in her bile duct, he used a tool called a needle knife, to cut his way into her bile duct, which resulted in a perforation of a segment of her bowel.  After performing the needle knife procedure Dr. Michaelides concluded that the HIDA scan had been misread by Dr. Burns.

Injury Facts:

As a result of the needle knife procedure and resulting perforation of the duodenum, Ms. Reese suffered a multitude of medical problems requiring continuous hospitalization for 5 months, repeated subsequent hospitalizations and ongoing medical care and treatment. 

Lost Wages: none

Medical Expenses: $540,000

Future Medical Expenses: Approximately $500,000

Experts: Plaintiff’s experts: David Wymer, MD (radiology), Peter Cotton, MD (gastroenterologist)

Offer:  none

Demand: none

Result: Jury Verdict against Defendant Michaelides

Result/Explanation: Verdict of $3.5 million

Date of Verdict: July 6, 2005

Mediator:

Plaintiff’s Attorneys:
William L. Ballard, Atlanta, GA
Jeffrey R. Harris
Robert E. Price, Decatur, GA

Defendant’s Attorneys:
D. Gary Lovell, Jr. for Defendants Michaelides and Digestive Care, Atlanta, GA
Jonathon C. Peters for Defendants Burns and Quantum Radiology, Atlanta, GA


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