(VERDICT UPDATE: The jury found for the estate of Erik Hilario in the amount of $8.25 million for pain and suffering and for his parents in the amount of $21 million for his wrongful death ,for a total compensatory verdict of $29.25 million. The jury also determined that Erik Hilario was solely the employee of Newell Recycling, LLC at the time of his death. The jury also found for plaintiffs on the grounds of product liability for both negligent design and failure to warn.The jury determined that plaintiffs were also entitled to punitive damages. The parties entered into a post-verdict confidential settlement before the jury heard evidence on punitive damages. CVN will conintue to report on the case as it develops.)
Atlanta—The tragic death of a 19-year-old worker in an industrial fire at an Atlanta recycling plant has become the subject of a heated trial currently underway in Fulton County State Court. Efrain Hilario et al. v. Newell Recycling of Atlanta, Inc. (12EV015400).
Jonesboro, GA—A non-returned phone call is generally an annoyance, but two telephone calls from a concerned patient’s wife to a surgeon’s office that were never returned led to a wrongful death case in Clayton County State Court and, ultimately, a $3.5 million verdict, after the patient died within hours of the telephone calls. Pamela Douglas Banks v. South Atlanta Neurosurgery PC (2008 CV 08001).
Atlanta—A physician whose patient died of liver failure after being prescribed Lamisil for athlete’s foot won a wrongful death medical malpractice case in Fulton County State Court brought by the deceased patient’s relatives. The case was titled Samuel J. Moody v. Novartis Pharmaceuticals Corporation et al. (07EV002473) when filed. However, due to substitution of parties and dismissals, the case proceeded to trial under the name Eunice White et al. v. Timothy Young, M.D., et al.