$8,134,739 Verdict in November 2017 for Medical Malpractice Clients, William and Victoria Glynn
On November 21, 2017, the McAleer Law Firm obtained an $8,134,739 medical malpractice verdict for its clients, William and Victoria Glynn. The trial began on November 13, 2017, and was brought against North Fulton Medical Center, Inc. Because it was a medical malpractice case, the odds were against us as fewer than 25% of all medical malpractice claims are successful.
After taking a full day to pick a jury, the trial got started. We had a very well educated jury who worked very hard sorting out the evidence presented. This case began when Mr. Glynn was involved in a serious car wreck on September 8, 2011. He was T-boned and this impact fractured his neck and left him with an incomplete spinal cord injury, meaning he still had some movement in his arms and legs; a very serious injury by all accounts. He had a successful surgery the same day to repair his neck. Just three days after the surgery, he was showing good signs of making a recovery. He would never be the same, but it was clear that he would walk again. But, the unthinkable happened on the evening of September 11, 2011.
On that evening, two of the hospital’s nurses were transferring him to his bed from a chair using a Hoyer lift and sling. The nurses failed to secure his legs before they lifted and moved him away from the chair. Being unsecured, he began to slide out of the sling. The nurses, in a panic, pushed him back toward the chair and in the process caused the crown of his head to forcefully strike the chair. This caused his head to flex forward and down toward his chest. This impact caused the surgically installed hardware (a titanium plate, 4 titanium screws and a PEEK cage) to become dislodged. The degree of displacement after this Hoyer incident was far greater than the displacement that occurred after the car wreck. Mrs. Glynn witnessed the entire episode in the hospital. Shockingly, the nurse that caused this collision wrote in the medical chart that Mr. Glynn was transferred to the bed “without incident”.
Because the nurse failed to document this injury, Mr. Glynn did not get the emergency medical treatment he required until 40 hours after the Hoyer incident. During this 40 hour period, Mr. Glynn’s spinal cord was compressed which caused a decline in his strength to the point where he could just move his toes on both legs by September 13th. Before the incident, he was getting out of bed with assistance and was relearning to walk again with assistance.
We sued the hospital because of the nurses’ negligence. The hospital in turn tried to place blame on everyone else and refused to accept any responsibility for its inept nurses; they even blamed the surgeon who performed the original surgery, alleging that the surgery was insufficient to stabilize Mr. Glynn’s spine and that the surgery was “doomed to fail”. They jury did not buy this excuse and found in favor of the Glynns. The Glynns are very deserving of this jury verdict and it will go a long way in providing the help the family now needs to care for Mr. Glynn, who has not been able to walk since September 11, 2011.