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Noteworthy CasesTALLAHASSEE JURY RETURNS VERDICT OF $3,373,000 FOR PARENTS OF 7 DAY OLD CHILD WHO DIES FROM MEDICAL MALPRACTICE; POST TRIAL PROCEEDINGS UNDERWAY In what is believed to be the first medical malpractice verdict against a doctor in Tallahassee in over 17 years, a jury returned a verdict for our clients whose one week old son died because his doctor did not diagnose his pneumonia. The case was successfully tried by Gary Fox and Stephen Cain from our firm after two prior mistrials. Levi Slayton was born on August 16, 2002. Two days later he was discharged from the hospital and four days after birth he was seen by the defendant James C. Penrod, M.D., a pediatrician in Tallahassee for complaints of breathing problems. Dr. Penrod determined that the baby had hyperbillirubinimia and prescribed a home phototherapy unit. In the early morning hours of August 21st, while being breastfed by his mother, Levi stopped breathing. He was taken by ambulance to the hospital where, the following day, the physicians recommended removal of life support because Levi had sustained severe and irreparable brain damage as a result of lack of oxygen. Plaintiffs sued James Penrod and his professional association alleging that Levi should have been hospitalized, rather than being sent home with his parents. Plaintiffs also sued Professional Park Pediatrics for prematurely discharging Levi from the hospital. Plaintiffs contended that Levi should have been re-hospitalized because he was slightly premature, his mother had an infection during her pregnancy and the baby had an elevated billirubin, all of which plaintiffs contended were signs and symptoms of an infection that required hospitalization. This case had been mistried on two prior occasions and was tried for the third time in June, 2007. No offers of settlement were made by either defendant, both of whom were insured by ProNational with limits of liability coverage of $500,000. After seven days of trial, the jury returned a total verdict of $3,373,000. Julie Slayton, Levi’s mother, received a verdict of $2,260,000 and Dole Slayton, Levi’s father, received a verdict in the amount of $1,113,000. The jury found Dr. Penrod one hundred (100%) percent responsible for Levi’s death and determined there was no negligence on the part of Professional Park Pediatrics in connection with Levi’s discharge from the hospital. This is reportedly the first verdict for a patient against a physician in Leon County in more than seventeen years. Prior to the first mistrial, plaintiffs had served an offer of judgment on Dr. Penrod and his professional association for the amount of the policy limits. The defendants never responded to that proposal and a motion for attorneys fees and costs is pending. The defendant has filed post trial motions and we are dealing with them now. We fully expect that, once the appeal is over, we will collect the full amount of this judgment from Pro National because of the insurer’s failure to settle this case within the policy limits when we gave them the opportunity to do so.
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