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Marietta, GA— Attorneys Tuesday debated what led to the catastrophic fallout from a stroke a Georgia woman suffered, as trial opened against an emergency room physician who treated her. Barnett v. Johnson, M.D., et al., 23-A-526.
Jennifer Barnett suffered a stroke in February 2013 that has left her with a range of disabilities, and needing daily care and assistance. She contends Dr. Richisa Hamilton-Salazar, the emergency room physician who treated her, failed to take appropriate steps to diagnose the stroke in time to prevent the profound damage it caused.
During Tuesday’s openings, Barnett’s attorney, Bell Law Firm’s Lloyd Bell, walked jurors through the timeline of Barnett’s stroke and Hamilton-Salazar's treatment. Bell noted that Barnett began suffering symptoms of stroke while on a flight from New York to Atlanta and was taken to Atlanta Medical Center, where she was seen by Hamilton-Salazar in the emergency room. However, Bell told jurors evidence would show Hamilton-Salazar failed to follow the center’s stroke protocol or properly consult with a neurologist, despite the fact that Barnett was showing tell-tale signs of a stroke.
Bell told jurors that, if Barnett had been diagnosed in a timely fashion, she could have undergone appropriate treatment, including a possible thrombectomy to remove the clot, which could have prevented the stroke’s most profound impact.
“If that happened, we wouldn’t be here,” Bell said. But, “[B]ecause that window of opportunity closed, Jennifer Barnett experienced a massive brain stem stroke that went untreated for 24 hours.”
Bell said he would seek $20 million in economic damages, plus $2-3 million in non-economic damages for every year Barnett is expected to live with the stroke's fallout.
However, the defense contends Hamilton-Salazar met the appropriate standard of care while treating Barnett in the ER.
During Tuesday’s openings, Hamilton-Salazar’s attorney, Hall Booth Smith’s John Hall, detailed the doctor’s care of Barnett. He noted Barnett’s symptoms, including numbness, weakness, and confusion, were common to a number of possible conditions, including seizure activity or drug overdose.
Hall told jurors that Hamilton-Salazar properly worked through a differential diagnosis protocol, including a range of tests and CT imaging, and consulted with a neurologist on the case. Hall told jurors a blood test revealed Barnett had barbiturates in her system. And while those barbiturates were appropriately used to control Barnett’s migraine headaches, Hall said the doctor was never told of this treatment when taking her medical history, leading her to suspect the drugs may have been causing Barnett's symptoms. Hall added Hamilton-Salazar ultimately referred Barnett to a hospitalist, who admitted her into the intensive care unit where other healthcare professionals treated her.
“[Hamilton-Salazar’s] responsibility was to provide the standard of care to this patient, good medical care, and she did,” Hall said. “She did it in a fast, efficient, and timely manner, and she complied with the standard of care.”
Trial is expected to last into next week.
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