News

Kolczak, Baker Trial Win

Amy Kolczak and Rick Baker obtained a defense verdict on September 28, 2009, for a neurologist after a week-long medical malpractice trial in Atlanta.  The neurologist treated the plaintiff for post-concussive syndrome for ten years.  In 2005, the patient reported significant new and worsening memory problems.  The doctor investigated the cause of her complaints over three months.  He ultimately diagnosed her with seizure disorder and prescribed an anti-epileptic medication.  The plaintiff then developed Stevens-Johnson syndrome, a severe allergic reaction to the medication.  She received hospital care and contended at trial that she still suffers from related health problems.

The plaintiff alleged that the doctor's diagnosis of seizure disorder was unreasonable and argued that he should not have prescribed the medication.  Her expert testified that her EEG was not suspicious for seizure disorder and that her complaints would not lead a reasonable neurologist to conclude that she was suffering from seizures.  The plaintiff also argued that the doctor may not have actually diagnosed her with seizures, but instead improperly prescribed the medication for her other complaints.  The jury determined that the doctor did not breach the standard of care.  After the trial, the jurors expressed it was unfortunate that the plaintiff suffered from Stevens-Johnson syndrome, but they believed the treatment was appropriate under the circumstances.

This case was the first of three medical malpractice defense verdicts obtained by the law firm within a three-week period.