CVN screenshot of plaintiff attorney Courtney Rowley delivering her closing argument
Seattle, WA - A Washington state court jury awarded roughly $8 million on Friday to a man claiming he suffered a traumatic brain injury after being dropped on the operating room floor following routine shoulder surgery, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The King County jury awarded plaintiff Jason Suplizio $7,762,500 along with $280,500 for his wife Abigail. The defendant in the case, Proliance Surgeons Inc., conceded liability for the underlying accident but argued Suplizio didn’t actually sustain a brain injury in his fall from the operating table.
Plaintiff attorney Nick Rowley of Trial Lawyers for Justice, who represents the Suplizios along with co-counsel Courtney Rowley, told CVN after the trial the parties reached a 'high/low' settlement agreement before the jury began deliberations but declined to comment on the amounts involved. In open court the plaintiffs sought an award of roughly $50 million, while Proliance insisted any damages be limited to between $750,000 and $850,000.
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The trial resulted from a 2021 accident where Suplizio’s upper body slid off the gurney as he came out of anesthesia while his legs remained tied in place. He claimed his head hitting the operating room floor caused a traumatic brain injury that transformed a socially outgoing family-focused outdoorsman into a recluse plagued by common TBI symptoms like headaches and brain fog.
With liability for the underlying fall resolved, the trial hinged largely on expert testimony analyzing Suplizio’s voluminous medical records. While Suplizio’s team stressed brain injury patients often present normally but still deal with crippling albeit difficult-to-detect symptoms, Proliance argued scans of Suplizio’s brain never showed conclusive evidence of any acute injury, citing the fact he resumed working as a highly-paid software engineer and taking vacations with his family after the accident.
CVN screenshot of defense attorney James Looper delivering his closing argument
Rowley told CVN the Suplizios reached a confidential settlement shortly before trial with the anesthesiology group staffing the outpatient surgical center where the accident occurred, and as the sole remaining defendant Proliance agreed to a high/low agreement “towards the end of trial.”
A high/low agreement involves the parties agreeing to one of two amounts depending on whether a jury returns a verdict above or below a certain number.
Attorney Baxter Drennon of Hall Booth Smith, who represents Proliance, told CVN they declined to comment.
Rowley spoke with jurors after the trial, which he said posed a real challenge for the panel.
“They really struggled and deliberated for two full days,” Rowley said. “The jurors were split. Some wanted to give a lot more.”
Rowley also learned from juror conversations that Suplizio’s current employment with a lucrative software company and ability to travel and take vacations created a roadblock for a larger damages award given the nuance of symptoms involved in mild concussions.
“He had been on over 20 trips since his injury and still has a very good quality of life in the eyes of many of the jurors,” Rowley stated, while noting the jury did award the “entire amount” requested for lost earning capacity and “millions more for non-economic damages.”
Rowley described the Suplizios as “validated” by the verdict, and he said they are especially grateful for the finality of the high/low agreement.
“There will be no post-trial motions or appeal,” Rowley said.
Rowley offered kinds words for his opposing counsel at Georgia-based Hall Booth Smith, known nationally as one of the top medical malpractice defense firms in the country.
“They were true southern gentlemen,” Rowley said, characterizing attorneys Baxter Drennon and James Looper as “kind people who defended the case very well.”
Rowley suggested that approach went beyond general courtroom comity, noting the courtly manner adopted by the defense team likely resonated with the jury.
“If defense counsel were rude and harsh, which is something I’ve seen a lot of, the verdict would have been bigger,” he said.
The trial took place before Judge Jim Rogers.
The Suplizios were also represented by John Kawai of Trial Lawyers for Justice, and Scott Blair and Cody Branstetter of Brain Injury Law of Seattle.
The case is captioned Jason Suplizio, et al. v. Proliance Surgeons Inc., et al., case number 23-2-25448-1 SEA in King County Superior Court, Washington.
Email David Siegel at dsiegel@cvn.com
