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Fayetteville, GA— Attorneys Tuesday previewed evidence surrounding the medical care of a Georgia woman who died from an undiagnosed brain tumor, as trial opened against a physician who treated her. New, et al. v. Starr’s Mill Internal Medicine, et al., 2022SV-0393.
Christy New, 32, died in August 2020 from complications stemming from a hemangioblastoma, a benign, slow-growing tumor in her brain. In March and April of that year, New had seen Dr. Anthony Lawson, of Starr’s Mill Internal Medicine, three times, complaining of worsening headaches, ear pressure, and dizziness, among other symptoms. New’s family contends Lawson treated New for allergies and potential migraines but failed to properly follow up on symptoms of a possible neurological condition, which they say could have revealed the tumor in time to save her.
During Tuesday’s openings on liability, Chance Forlines Carter & King’s Lindsay Forlines, representing New’s family, walked jurors through the timeline of New’s care. Forlines told jurors that New’s symptoms were caused by the tumor and its increase in pressure on New’s brain. She added that expert testimony would show that, in light of these symptoms, Lawson breached the standard of care in failing to order imaging of New’s brain when she last saw him.
“Dr. Lawson failed to recognize [what a plaintiff’s expert calls] ‘red flag, do-not-pass go’ symptoms, and he failed to act on them.” Forlines said. “In other words, [he failed to order] imaging.”
But Lawson’s attorneys contend he met the standard of care in his workup of New, given the symptoms she reported and when she reported them on the timeline of treatment.
During her opening Tuesday, Huff Powell Bailey’s Sarah Akinosho noted that New told Lawson of many symptoms central to the case only on her last visit with the doctor. Akinosho added that Lawson’s medical reports indicated he believed New had been taking excessive over-the-counter anti-inflammatories, or NSAIDs, which can cause some symptoms New complained of.
Akinosho said evidence would show that, in light of the reported symptoms and anti-inflammatory use, Lawson’s treatment plan for a specific type of migraine he believed New suffered from, combined with an order to cease all NSAIDS, was appropriate.
“At every visit, Dr. Lawson implemented a reasonable assessment. He implemented a plan and treatment,” Akinosho said. “And that is what the evidence will show.”
Under Georgia law, trial in the case is bifurcated, with a potential damages phase following the liability phase, only if Lawson is found at fault. Closings in the liability phase of proceedings are expected as soon as Friday.
Email Arlin Crisco at acrisco@cvn.com.
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