Medical Malpractice

In this case, Bailey & Greer represented the family of Kathryn Sadowski. Ms. Sadowski was a passenger in a car being driven by her husband Emil Sadowski. The wreck occurred when an uninsured driver, Chamroerun Kheiv, was driving recklessly and slammed into the couple on Hwy 64 near the Wolfchase Mall. An independent witness confirmed that Kheiv was speeding, swerving, and fishtailing in and out of traffic. Kathryn suffered catastrophic injuries, languishing in the hospital for 60 days before dying from her injuries in May 2012. The reckless at fault driver was defended by Kathryn Sadowski’s own insurance company, State Farm, under an uninsured motorist policy.

$1.53 Million Jury Verdict

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

In this case, a Memphis area hospital failed to properly turn and reposition our client. The improper nursing care cause the client’s skin to break down and he ultimately developed a bed sore or pressure ulcer on his back. The bed sore resulted in additional medical treatment and medical bills and ultimately a skin flap surgery was required to repair the wound. The failures of the nursing staff included the failure to comply with physician orders to turn the patient frequently and the failure to follow hospital policies and procedures.

Bed Sore Settlement Against Memphis Area Hospital

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

A Memphis jury, which included a teacher, doctor, firefighter, and small business owner, returned a verdict on February 12, 2013 for $500,000, finding that the driver of an SUV was primarily responsible for an interstate crash that left both him and his passenger dead.

In this wrongful death case we represented the family of the passenger who was killed in a single vehicle wreck on Interstate I-240 North in Memphis, Tennessee. One witness saw the occupants arguing several blocks before the SUV drove onto the interstate. Other witnesses indicated that the argument continued on the interstate and that the SUV was speeding at the time of the crash. All the witnesses stated that the SUV suddenly veered to the right and struck a guardrail and then a column supporting a bridge overpass.

At trial, we showed the jury that everyone who gets behind the wheel of a car must follow basic driver safety rules, including driving at a safe rate of speed and keeping the car under control. We also showed that drivers should pull the car over if it becomes too dangerous to continue driving. These basic safety rules exist to prevent deaths and injuries on the highway and to protect all of us. In the end, the jury determined that the driver was 80% at fault for the wreck and the passenger was 20% at fault.

The deceased passenger left behind three children ranging from 16 to 19 at the time of her death. As the deceased was disabled at the time of the wreck, there was no claim for loss of earning capacity. Nonetheless, we showed the jury the harms, losses and hardships caused to the children as a result of their mother’s death. Ultimately the jury agreed that the love, affection, guidance, and protection of a parent has true value. Although we only asked for a verdict of $250,000, the jury doubled this amount on the verdict form to $500,000.

The case was tried by Thomas Greer.

$500,000 Jury Verdict

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

On July 1, 2009, our client, Donriel Borne, was driving an 18-wheeler when traffic came to a stop on I-55 in Memphis, TN, near Crump Boulevard. Donriel stopped his truck but the 18-wheeler behind him was following too closely and rear-ended him. At the time of the wreck, Donriel was 30 years old.

Donriel sought medical attention for back pain following the wreck but continued to work to support his family. He and his family doctor believed that the pain would eventually go away. It never did. Ultimately an MRI was performed that revealed a serious injury to his lower back and spine, which required him to stop working. His injuries are permanent and leave him in constant daily pain.

The truck that hit Donriel was owned and operated by Celadon Transportation Services, Inc., a trucking company based in Indiana. Instead of taking responsibility for the wreck and Donriel’s injuries, Celadon launched a no holds barred, scorched earth, frivolous defense. Celadon not only denied negligence, but actually blamed Donriel for causing the wreck. Celadon also blamed another truck that lightly rolled into the back of it after Celadon crashed into Donriel. Celadon’s position was clear from the start; everyone is at fault but us. Celadon even denied that its truck drivers owed a duty to the people of Memphis and Shelby County, Tennessee to be safe on the roadway.

We attempted to resolve the case without going to trial. However, Celadon refused to offer a reasonable amount. The last official offer before trial was $25,000.

At trial, we offered testimony from Donriel’s own doctors and physical therapists, who testified about the severity and permanency of his injuries. We also provided testimony from an expert in vocational economics who testified that due to his injuries, Donriel would not be able to obtain gainful employment.

Celadon, true to form, continued its frivolous defense at trial by using hired-gun experts to say that Donriel was not really hurt, and if he was, it was not due to the wreck. Celadon’s experts, Dr. Robert Applebaum, Carla Seyler, and Douglas Morr, had long histories of testifying for insurance companies and corporations defending lawsuits. Dr. Applebaum makes nearly half a million dollars a year from the insurance industry by conducting so-called “independent” medical exams and testifying on their behalf. Douglas Morr, a biomechanical engineer with SEA, was paid $20,000 by Celadon to say that this wreck caused the same amount of trauma to Donriel’s back as walking down the street. Through vigorous cross-examination, we were able to expose these experts for what they really are: mouthpieces for the insurance industry who are willing to say anything in order to prevent an injured person from receiving fair compensation.

On the first day of trial—almost four (4) years after the wreck – Celadon finally admitted that its driver was at fault. However, it continued to blame the other truck. This 11th hour admission of fault was nothing more than a trial strategy to gain favor with the jury. Otherwise, Celadon would have admitted fault years earlier.

Celadon also continued to argue that Donriel was not really hurt from the wreck. Celadon accused Donriel of exaggerating and faking his injuries. Celadon claimed that Donriel could work if he really wanted to and that the reason he was not working was because he was trying to get money from the lawsuit.

Celadon’s attempt to smear Donriel’s character was offensive and it backfired at trial. The jury spoke loud and clear in support of Donriel by returning a verdict for $3,705,000. The verdict allowed for past and future loss of income, as well as for physical pain, mental suffering, permanent injury, and the loss of enjoyment of life.

Thomas Greer tried the case before the Shelby County, Tennessee jury in Circuit Court. Sadler Bailey assisted with several key evidentiary depositions which were used at trial.

$3.7 Million Jury Verdict

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

A fifty-four year old wife and mother of two goes in for a routine hip replacement and dies during surgery. Her Tennessee doctor carelessly cut an artery and refused to call for assistance to repair it until it was too late to save her. These are the disturbing facts of a case we recently settled on behalf of the family for a confidential amount. Even more disturbing is that, unbeknownst to the victim, the surgeon had been successfully sued for medical malpractice eight (8) previous times in two different states.

Confidential Settlement

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

In this Tennessee auto accident case, we represented a teenager who was injured while riding as a passenger with an acquaintance. Unbeknownst to our client, the driver was under the influence of drugs at the time and began to drive erratically and dangerously. His actions resulted in a serious car crash and left our client with medical bills and long-term medical problems. After months of litigation, the defendant offered $250,000 to settle the case, which was the extent of his available insurance coverage. The defendant had no other assets.

$250,000 Settlement

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Our client was being transported from a rural hospital in Tennessee to a metropolitan hospital to undergo non-emergency surgery. As his scheduled surgery was non-emergent, the ambulance driver had no reason to drive at a high rate of speed, use sirens, or travel through red lights. Moreover, the policies and procedures of the ambulance company stated that non-emergent patients should not be transported at a high rate of speed. Despite the policy, the ambulance was speeding through a red light and was not using sirens or emergency lights. The ambulance struck another vehicle in the intersection, injuring our client (the passenger in the ambulance) as well as the occupants of the other vehicle. Our client suffered broken bones and required substantial medical treatment.

$250,000 Settlement

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Our client was serving time in prison for a non-violent crime. He was dependent upon prescription medication in order to control a chronic medical condition. Over the course of several days, the prison medical providers deprived our client of his medication, which resulted in severe and permanent injuries. To make matters worse, the prison medical providers falsified medical records in order to cover-up the mistreatment. We were able to uncover the misconduct only after filing a lawsuit, requesting records, and taking numerous depositions. As a result of our efforts, we were able to expose the egregious misconduct and achieve a settlement for the available insurance policy limits.

Insurance Policy Limits

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

n this Tennessee motorcycle wreck case, our client was traveling down a two lane highway in Kingsport, Tennessee. He was following the speed limit as well as all other traffic laws. As he was passing through an intersection where he had the green light, a car traveling in the opposite direction failed to yield and turned directly into him. The impact caused our client to be thrown from the motorcycle into the roadway. He suffered several broken bones, a punctured lung, strained muscles, and road rash. The wreck could have been avoided if the at fault driver had been paying attention to the road at the time of the crash. We were able to reach a $250,000 settlement on behalf of our client, which represented all available insurance coverage.

$250,000 Settlement

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

In this case, we represented the family of an elderly woman who was killed in an auto accident. The defendant attempted to argue that because our client was in her 90s at the time of her death, that her life was not worth very much money. As a result, we set the case for trial and prepared to argue the case to a jury. Just three days before trial, however, the defendant offered $225,000 to settle the case, which our clients accepted.

$225,000 Settlement

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.