Kelly on Malpractice

In Derrick v. Thomas and Madison Clinic Corp, our theory was that a wonderful client matched with a compelling expert would win a substantial verdict even in a conservative venue. We were proven right. A local lawyer, Art Wells, associated us in an amputation case. The claim arose from a local surgeon’s failure to diagnose and treat a post-operative infection that got out of control. A Madison County jury awarded our client $1,500,000 in a medical malpractice action against a the general surgeon and his clinic.  In a record setting malpractice verdict, the jury found that the general surgeon violated the standard of care by causing the amputation of our client’s left leg. 

Mr. Derrick, age 56, was Dr. Thomas’ patient from January through March of 2006, when an infection developed within a surgical wound.  The wound never healed properly following femoral popliteal bypass surgery in the left leg.  The purpose of the surgery is to restore blood circulation in the arteries of the leg by means of a bypass graft.  Mr. Derrick alleged that Dr. Thomas failed to diagnose and treat an infection that developed after the surgery, which spread into the bypass graft.  Blood clots from the infection traveled through the graft and ultimately blocked off circulation into Mr. Derrick’s left foot.  After repeated office visits to Dr. Thomas, Mr. Derrick went to the emergency room at Baptist Hospital in Nashville when his foot turned cold and purple.  The physicians at Baptist Hospital could not save the leg.  Mr. Derrick underwent two separate amputations below and above the left knee.  Mr. Derrick also alleged that Dr. Thomas did not warn him of the risk of amputation associated with the surgery.  Madison Clinic Corp. is affiliated with Regional Hospital of Jackson.  Mr. Derrick had been a mill helper at Norandal.  He lost a $45,000 job due to his disability.  The seven-day trial involved testimony from multiple vascular and general surgeons about the standard of care and arterial clotting.  The jury deliberated for five hours before returning their verdict in favor of Mr. Derrick on Tuesday evening. Everyone, including the defense lawyers, liked Mike Derrick. He was a proud black man who had a long and distinguished history of helping people, attending church, working hard, and maintaining dignity during difficult times in his life. He was an excellent story teller. He had a way of testifying that captured the attention of the jury. He was able to talk about his disability and all of the problems associated with amputation with a degree of class and honesty that clearly affected the jury. The other great witness was our expert vascular surgeon. He painted a picture of liability that was far and away the best medical testimony in the case. In post-verdict surveys, we heard that the jury was very impressed with our expert.

We spend a considerable amount of time emphasizing the damages in the case. We were concerned that the damages would be limited for an amputation in a 56-year old man who also had stroke related issues not caused by the Defendants’ negligence. We hired a prosthetist to prove that there were computerized devices which could be purchased on the open market to make walking easier. We poured over the post-amputation rehabilitation records to show what our client endured. Finally, we hired a handicapped expert to show the jury what modifications could be made to the home to make life easier for someone who is wheelchair-bound. In sum, you can get a substantial verdict in a conservative county with a wonderful client and a compelling expert.