Finch Mccranie Secures $8.5M Verdict for Patient in Medical Malpractice Case Under the Federal Tort Claims Act

Atlanta, GA (September 20, 2024)

After a one-week trial in a medical malpractice case in the United States District Court for the Middle District of Georgia, Finch McCranie and Cash Krugler Fredericks secured a verdict of more than $8.5 million for the harmed patient. The trial team was led by Finch McCranie partner David Bouchard and Cash Krugler Fredericks partner Lee Gutschenritter.

The case concerns the failure of a primary care physician to refer his patient to the emergency room for a STAT abdominal CT scan despite substantial evidence that the patient was suffering from a life-threatening emergency abdominal infection.

In October 2019, the patient presented to Albany Area Primary Healthcare for an outpatient sick visit with his primary care physician. Before the visit, the patient was in good health and didn’t have any significant medical issues. During the visit, he reported that he had recently developed enduring side pain, that the pain was so severe that he was unable to eat, that he was more bloated than usual, and that he was experiencing diffuse sweating. His heart rate was abnormally high, his blood pressure was very low, and his pain was rated an 8/10. A CBC test showed that the patient’s white blood cell count was 21.5, which is critically high, and several other concerning test results.

At trial, David and Lee called multiple physician expert witnesses. The experts testified that a reasonable physician would have concluded based on the patient’s signs and symptoms, along with the critically elevated lab results, that the patient was likely suffering from an emergency abdominal infection that needed to be addressed immediately that day.

Unfortunately, the treating physician did not send the patient to the emergency room for immediate imaging to determine what was wrong. Instead, the physician ordered an ultrasound for the following week and instructed the patient to go to the emergency department if his symptoms worsened or did not improve.

Several days later, the patient collapsed at his home and was rushed to the emergency room at Phoebe Putney Hospital in Albany, GA. An abdominal CT scan showed that the patient’s appendix had ruptured. He was clinically septic and was diagnosed with necrotizing fasciitis, which is a flesh-eating bacteria.

The patient was hospitalized for several months and underwent numerous surgeries to save his life. He was left with a massive abdominal hernia and a colostomy bag, which he will have for the rest of his life.

Because of the doctor’s negligence, the patient nearly died and ultimately suffered a cascade of permanent and life-altering injuries that have irreparably diminished his life and relationships.

After reviewing the evidence and briefing, the Court entered judgment in favor of the Plaintiff for $8,580,558.85.

“I am grateful for the Court’s careful consideration of the evidence and arguments presented at trial. It was a privilege to advocate for justice and accountability after our client, a kind and hardworking man, sustained preventable permanent injuries because of negligence,” said David Bouchard. Finch McCranie’s senior medical malpractice partner Richard Hendrix stated, “This is a great result in any case, especially in a Federal Tort Claims Act trial—where the judge is the fact-finder, not a jury.”

Finch McCranie is a trial practice firm with a long history of success in catastrophic injury and wrongful death cases, whistleblower cases, and federal criminal cases in the white-collar area. Over the past five decades, the firm has recovered hundreds of millions of dollars for victims of wrongdoing, including a record-setting $38.6 million verdict against Emory in 2023 for medical malpractice.