After over five years of research, interviews, meetings and, ultimately a jury trial, Atlanta-based Finch McCranie law firm won a record $38.6 million malpractice suit against Emory Hospital on behalf of the family of Trevon Falson. The suit was brought against the hospital following Falson’s death during a failed heart transplant procedure. The verdict is the largest-ever malpractice verdict against Emory Hospital, and one of the largest malpractice verdicts obtained by any Georgia law firm. The verdict included $6 million for pre-death pain and suffering and $30 million for wrongful death. An additional $2.6 million was added to cover outstanding medical bills. www.finchmccranie.com

“We never expected this case to last over five years, but we were committed from the very beginning to achieving some sense of closure for the family of the young man who tragically lost his life during surgery,” said Finch McCranie Senior Partner Richard Hendrix. “The successful resolution of the malpractice lawsuit required countless hours of research. Our team pored over medical journals and peer-reviewed articles to become as familiar as possible with the heart transplant procedure and the many checks and balances that are built into every step of this complicated surgery. We were convinced that Trevon’s mother had a strong case, and we were determined to bring her a positive resolution. Obviously nothing can bring back her son, but at the very least, she now no longer has to agonize over the millions of dollars in medical bills that accrued during Trevon’s struggle with heart disease.”

The Finch McCranie attorneys successfully argued that the Emory medical team failed to obtain a chest CT scan prior to attempting a heart transplant. The attorneys asserted that had a scan been conducted, as is protocol for this type of surgery, it would have shown that the outflow graft of Falson’s mechanical heart pump had migrated to the back of the chest.

“As a result of the migration, the outflow graft, which was attached to a ventricular assist device that had been previously implanted, was lacerated. During the heart transplant procedure, Trevon experienced the loss of nearly all of his total blood volume, leading to multi-organ failure and the failure of the new heart being transplanted,” said Hendrix. 

According to experts called by Finch McCranie at trial, Falson’s outflow graft laceration and resulting massive blood loss were preventable and could have been avoided if a CT scan had been performed as required by the standard of care.

“These types of medical malpractice cases are lengthy and complicated,” said Hendrix. “First, the legal team has to become as educated as possible about the medical procedure. Then we have to learn exactly what happened to the patient, and why. We spend a great deal of time educating ourselves, but have only a fraction of that time to convey the key facts of a case to a jury once a trial is underway. No legal verdict can change the tragic outcome of a personal injury case, but a winning verdict can ease a family’s suffering, which makes our work extremely gratifying.”