Georgia Nursing Home Negligence: Woman Awarded $47M After Untreated Donkey Bite Leads to Double Amputation

Anna Giacomi v. Union General Hospital Inc. d/b/a Union County Nursing Home et al

Case Overview

In 2017, Anna Giacomi filed a medical malpractice lawsuit against Union General Hospital Inc., operating as Union County Nursing Home, alleging that medical negligence following a donkey attack led to her deteriorating condition and ultimately required a double amputation.

The case was filed in the Superior Court of Union County, Georgia, with Judge James E. “Jim” Cornwell Jr. presiding. [Case Number: SUCV2017000365]

Cause

In November 2015, after sustaining injuries to her left arm and hand while feeding a donkey, Anna Giacomi sought treatment at Blairsville’s Union County Nursing Home for rehabilitation.

Dr. James Heaton, then the director of the nursing home, oversaw her care following her transfer from Northeast Georgia Medical Center, where she had initially been admitted for wounds from the donkey attack, according to court records.

Giacomi’s complaint states that she developed a severe infection in her left arm and leg. While staff at the nursing home noticed the infection, Dr. Heaton allegedly failed to evaluate her in time. Despite clear warning signs—including excessive drainage, a foul odor, and her foot turning green—healthcare providers at the nursing home and Union General Hospital purportedly waited nearly seven days before consulting a surgeon. The delay led to a flesh-eating bacterial infection, ultimately requiring the amputation of her arm and leg.

Damages

The lawsuit claimed that Giacomi endured seven days without proper medical intervention, resulting in severe and lasting consequences. She experienced, and would continue to experience, significant daily challenges due to her injuries. She sought compensation for the double amputation, which she argued could have been prevented with timely and appropriate medical care.

Jury Verdict

On July 30, the jury issued its initial verdict, concluding that medical malpractice had occurred. A second verdict, delivered on August 5, addressed negligent credentialing.

As part of their ruling, jurors awarded Giacomi $47 million for past and future pain and suffering, according to court records.

The jury apportioned liability as follows: 5% to Union General Hospital for medical malpractice by multiple employees, 45% to Union General Hospital for negligently credentialing Dr. James Heaton, 45% to Heaton personally, and the remaining 5% to Dr. Janaki Narravula.

Although Heaton and Narravula were not named as Defendants in the case, the jury still assigned them fault. Under Georgia law, jurors can attribute responsibility to nonparties, ensuring Defendants are only held liable for their specific share of the harm.

Delayed C-Section Results in $17M Birth Injury Settlement

Jenna Doucette et al. vs. Dr. Abdulla Al-Khan et al

Case Overview

On July 8, 2022, plaintiff Jenna Doucette filed a medical malpractice and birth injury lawsuit in the Ocean County Superior Court, New Jersey (Case No. L00259121), with Judge Joseph P. Quinn presiding.

Cause

Shea Doucette, now four years old, was diagnosed with hypoxic-ischemic encephalopathy and cerebral palsy due to an alleged birth injury. During her pregnancy, her mother, Jenna Doucette, was diagnosed with placenta percreta, a severe form of placenta accreta spectrum. She sought specialized care from Dr. Abdulla Al-Khan at The Center for Abnormal Placentation at Hackensack University Medical Center.

On March 8, 2020, just days before her scheduled cesarean section on March 11, Jenna suffered a massive uterine rupture and placental abruption. This emergency led to an urgent C-section, during which Shea was deprived of oxygen at birth, resulting in severe brain damage and lifelong cerebral palsy. Jenna also endured life-threatening complications, including massive internal bleeding, requiring multiple blood transfusions and intensive care in the ICU.

Damages

Shea Doucette’s birth injury resulted in hypoxic-ischemic encephalopathy and cerebral palsy, permanently impacting her motor function and cognitive abilities. Meanwhile, Jenna experienced severe medical complications, including extensive blood loss, multiple transfusions, and a prolonged ICU stay.

The Doucette family has faced immense emotional and financial challenges, requiring extensive medical care, specialized therapies, and long-term accommodations to support Shea’s condition.

Jury Verdict

On January 3, 2025, the parties reached a $17 million settlement in Shea Doucette’s birth injury lawsuit, securing financial support for her lifelong medical care, therapies, and necessary accommodations.

Indiana Jury Awards $50K to Woman in Medical Malpractice Case for Failure to Diagnose Breast Cancer

Papacek v. Anderson, et al

Case Overview

Michelle Papacek filed a medical malpractice lawsuit against two radiologists over their alleged failure to diagnose breast cancer. The lawsuit was filed in the Indiana Superior Court, Hamilton County. Judge William J. Hughes presided over this lawsuit. [Case number: 29D03-2212-CT-9807]

Cause

On August 24, 2018, Michelle Papacek, 42, underwent her annual mammogram screening. Dr. Thomas Hagman, a radiologist with Northwest Radiology Network in Indianapolis, reviewed the results and found no signs of malignancy, offering no recommendations for further testing. Nearly a year later, on July 26, 2019, Papacek returned for another mammogram. Dr. Caryn Anderson, another radiologist employed by Northwest Radiology Network, also found no abnormalities or signs of malignancy and did not suggest additional evaluation.

However, on October 15, 2019, Papacek visited her gynecologist to report a lump in her left breast. The staff confirmed its presence and referred her to a hematologist/oncologist. Two weeks later, on October 30, 2019, the oncologist diagnosed her with invasive ductal carcinoma in her left breast, which had spread to her lymph nodes. This led to Papacek starting chemotherapy on November 13, 2019.

The chemotherapy caused severe side effects, and five months later, on April 21, 2020, she underwent a double mastectomy followed by radiation treatments.

Papacek filed a complaint with a medical review panel, accusing Dr. Hagman and Dr. Anderson of failing to diagnose her breast cancer. The panel, consisting of Dr. Janushi Dalal, Dr. Carlos Vieira, and Dr. Melissa Bosma, issued a mixed opinion. Dr. Dalal found no breach of care by Dr. Hagman but agreed that Dr. Anderson had breached the standard of care. Drs. Vieira and Bosma believed both doctors had failed to meet the standard. However, all three panel members concluded they could not determine whether these breaches had contributed to Papacek’s damages.

Damages

The plaintiffs sought damages for the injuries and losses incurred due to the defendant’s failure to diagnose Michelle's breast cancer.

Jury Verdict

The case was tried over five days in Noblesville. On August 30, 2024, the jury issued a mixed verdict, ruling in favor of the plaintiffs against Dr. Anderson and Northwest Radiology Network. Michelle Papacek was awarded $50,000 in damages. However, the jury dismissed Jason Papacek’s consortium claim, awarding him no damages. Additionally, the jury found in favor of Dr. Hagman, delivering a defense verdict. The court entered judgment based on the verdict, which has since been satisfied.

Jury awards $500k in Wrongful Death Case Against Colonial Oaks Nursing Home

Kees v. Colonial Oaks Nursing Home

Case Overview

In the wrongful death lawsuit Kees v. Colonial Oaks Nursing Home, the estate of Mary Kees alleged medical malpractice and administrative negligence in her care and treatment. The case was filed in Bossier Court, Louisiana.

Cause

Mary Kees, 87, was a resident of Colonial Oaks Nursing Home in Bossier City, operated by Priority Management. She suffered from dementia, osteoporosis, and was bedridden.

In March 2019, Kees was hospitalized for gallbladder disease and returned to Colonial Oaks on May 1, 2019. Although frail, she exhibited no signs of fractures or injuries upon her return.

However, within ten days, Kees began experiencing severe, persistent pain. On May 10, 2019, an X-ray revealed bilateral femoral fractures, though no explanation was provided for how the injuries occurred. During this time, she also developed painful bedsores.

Colonial Oaks arranged physical therapy through Progressive Physical Therapy. Despite her condition, Kees was subjected to therapy on one of her broken legs, causing her extreme pain. Evidence indicated that staff failed to administer her prescribed pain medication, with suspicions that the medication may have been diverted. This neglect severely worsened her condition.

Kees passed away on June 23, 2019, leaving behind four adult children.

Damages

The wrongful death claim sought compensation for Kees’ surviving family members, while the malpractice claim aimed to recover Kees’ medical expenses and non-economic damages.

Jury Verdict

The five-day trial concluded on December 6, 2024. The jury first deliberated on the nursing home malpractice claim. It found that Colonial Oaks breached the standard of care but determined that the breach did not cause Mary Kees’ bilateral femoral fractures or bedsores. It also dismissed allegations of fraud and claims that fraud contributed to Kees’ additional pain.

Next, the jury addressed the administrative negligence claim against Priority Management and ruled in favor of the defendants. It similarly found no violation of the standard of care by Progressive Physical Therapy. On the wrongful death claim, the jury ruled in favor of Colonial Oaks and Priority Management.

The jury awarded $200,000 each for pain and suffering and mental anguish, as well as $100,000 for loss of enjoyment of life. However, no compensation was awarded for medical expenses.

The jury assigned 100% of the damages to Colonial Oaks but did not complete the damage forms related to wrongful death or fraud.

Medical Negligence: New Mexico Hospital Ordered to Pay $16.75 Million After Leaving 13-Inch Retractor in Patient for Two Months

Michelle Torma v. Presbyterian Healthcare Services, et al

Case Overview

On October 29, 2021, Plaintiff  Michelle Torma filed a medical malpractice and medical negligence lawsuit in the New Mexico State, Albuquerque District Court (Case number: D-202-CV-202106274 ). Judge  Denise Barela-Shepherd presided over this case.

Cause

On January 29, 2019, surgical staff at Presbyterian Hospital in Albuquerque, New Mexico, performed a complex procedure on Michelle Torma to remove a 75-pound benign tumor. The operation, led by Dr. Karen Finkelstein, a gynecologic oncologist with Southwest Women’s Oncology, involved the use of a 13-inch by 2-inch metal retractor. While the surgery was life-saving, the surgical team accidentally left the retractor inside Torma's abdomen.

Following the procedure, Torma experienced ongoing abdominal pain, nausea, anxiety, and difficulty sleeping. A CT scan on March 28, 2019—58 days after the surgery—revealed the presence of the forgotten retractor. Dr. Finkelstein, who performed the initial operation, also conducted a second surgery to remove the instrument.

Presbyterian Healthcare Services later stated that Dr. Finkelstein was an independent provider rather than a hospital employee. In 2021, Torma filed a medical negligence lawsuit against Presbyterian Healthcare Services, Southwest Women’s Oncology, and Dr. Finkelstein.

Damages

Torma’s attorneys sought over $45 million for medical negligence, pain and suffering, emotional distress, and other associated harms in a medical negligence lawsuit.

Jury Verdict

On January 13, 2025, the jury rendered a substantial verdict in favor of Michelle Torma, awarding her $16.75 million in damages. This included $15 million in punitive damages against Presbyterian Healthcare Services, the largest healthcare provider in New Mexico. Additionally, the jury awarded $1.75 million in compensatory damages to address Torma’s pain, suffering, and other losses. Presbyterian Healthcare Services was deemed responsible for 99% of the compensatory damages, with Southwest Women’s Oncology assigned 1%.