Achieving the approval of a jury in the form of a positive verdict is the greatest professional achievement of any trial lawyer. Obtaining substantial verdicts which provide just compensation for the injuries and harms suffered by victims of negligence is the cornerstone of the Malone Law practice.
Tommy Malone and Adam Malone have fostered a reputation among insurance companies and defense firms who know every case taken on by Malone Law is carefully and thoroughly screened and then painstakingly prepared for trial. As a result, most insurance companies and defendants elect to settle prior to confronting the Malone Law team in the courtroom. Over the years, Malone Law has obtained hundreds of millions of dollars in settlements for its clients, which include single settlements exceeding $20 million.
Since each case is prepared for trial from its inception, the verdicts Malone Law obtains are significant and often unprecedented. Below is a list of verdicts Tommy and Adam have obtained against defendants who took the risk of going to trial against the Malone Law team.
$45,000,000.00 (AMPUTATION, MEDICAL
MALPRACTICE) representing compensatory damages for the unnecessary
and preventable quadruple amputation of a 6-month old child due to medical
negligence.
James Don Adams, Jr. and Lamona K. Adams, et al. v. Kaiser Foundation
Health Plan of Georgia, Inc., State Court of Fulton County, Georgia,
C.A.F. 93VS79895 (1995).
$25,000,000.00 (BRAIN INJURY,
MEDICAL NEGLIGENCE) representing compensatory damages for a 38-year-old
man's resulting brain injury due to medical malpractice of a doctor
and two hospitals who failed to timely diagnose an impending stroke.
The verdict included $1,000,000.00 for loss of consortium by his wife.
The plaintiff additionally obtained a judgment of an additional $1,035,616.50
as prejudgment interest.
Rex Leroy Jones, et al. v. Robert Glenn Bashuk et al., State
Court of Fulton County, Georgia, C.A.F. 98VS0137930C (1999).
$24,529,286.00 (AMPUTATION,
MEDICAL NEGLIGENCE) representing compensatory damages for the unnecessary
and preventable amputation of a 14-year-old athlete's right leg due
to medical negligence of an orthopedic physician, the physician's
medical group and a hospital's nurses.
Reginald B. Harris, Jr., a Minor, et al. vs. Sumter Regional Hospital,
Inc., Albany Orthopaedic Clinic, Inc., Duncan R. Marsh, Superior
Court of Dougherty County, Georgia, C.A.F. 06CV2533-1 (2008).
$22,800,000.00 (BRAIN INJURY,
BUS DRIVER NEGLIGENCE) representing compensatory damages for a severely
brain injured 51-year-old woman who was struck in a San Francisco crosswalk
by a tour bus making an illegal left turn.
Xiu Jin Shi, individually and by and through her Guardian Ad Litem
Rachel Deist, v. Coach USA, Inc., et al., Superior Court San Francisco
County, California, C.A.F. CGC-05-444417, (2007).
$16,500,000.00 (MEDICAL NEGLIGENCE)
representing compensatory damages for child who suffered liver failure
requiring a liver transplant at age 4 months caused by a failure of
her healthcare providers to follow-up on an abdominal cyst detected
on ultrasound early in the pregnancy.
Brooke Yamada, A Minor, by and through her Guardian, Mina Leigh Yamada,
and Takahiro Yamada and Mina Leigh Yamada,
Individually vs. Northside Hospital, Inc., Northside Pediatrics &
Adolescent Medicine, P.C. and Women's Health Associates, P.C., State
Court of Fulton County, Georgia, C.A.F. 2005VS076354G (2006).
$12,000,000.00 (BRAIN INJURY, MEDICAL
NEGLIGENCE) representing compensatory damages for a severely brain
injured child who suffered hypoxic ischemic encephalopathy, including
cerebral palsy, seizure disorders, and global developmental delays as
a result of an untimely cesarean section and mismanagement of labor
by a nurse midwife and an obstetrician.
Tate v. Clark-Holder Clinic et al., Superior Court of Muscogee
County, Georgia, C.A.F. SU01CV2528 (2002).
$7,828,455.30 (WRONGFUL DEATH, TRUCK
DRIVER NEGLIGENCE, PREMISES LIABILITY) representing compensatory
damages for the wrongful death of 31-year-old mother of two who died
from being crushed between two tractor-trailers while performing her
duties as a security guard for Kmart Distribution Center in Newnan,
Georgia.
Kierra Elaine Garrett and Davante Rashad Purdy by and through their
guardian and next friends Betty Garrett and Charles Keith, et al. v.
MVT Services, et al., State Court of Coweta County, Georgia C.A.F.
04-SV-381 (2006).
$6,250,000.00 (MEDICAL NEGLIGENCE,
BOTCHED SURGERY) representing compensatory damages to 32-year-old
man who suffered loss of 70% of his abdominal wall. Physicians performed
a colostomy and stapled his digestive tract shut bringing the distal
end of the colon to the colostomy bag. After seven days, his colon exploded,
spilling digestive product throughout his abdomen and resulting in massive
infection. He has been rendered permanently physically incapacitated.
Krenson Edward Kniphfer and Jennifer Harry Kniphfer v. Memorial Health
University Medical Center, Inc., and MPPG, Inc., State Court of
Chatham County, Georgia. C.A.F. 1010574F (2001).
$6,177,454.00 (BRAIN DAMAGE,
MEDICAL NEGLIGENCE) representing compensatory damages for brain
injury a child suffered at birth due to the failure of nurses to monitor
the mother's blood pressure during labor.
Jennifer and Gerald Garland, et al. v. Phoebe Putney Memorial Hospital,
Inc., Superior Court of Dougherty County, Georgia, C.A.F. 92-CV-4038
(1993).
$5,537,420.00 (BRAIN INJURY,
TRUCK DRIVER NEGLIGENCE) representing compensatory damages for brain
damage suffered by a 49-year-old retired U.S. Marine Corps master gunnery
sergeant who was injured after a truck driver crossed over center of
a divided highway and collided with plaintiff's car, which was pulled
off to side of road. Plaintiff also recovered $623,000.00 in prejudgment
interest.
Baker v. Brown Transport Co., et al., Superior Court of Fulton
County, Georgia (1986).
$5,250,000.00 (WRONGFUL DEATH, PROPANE
GAS EXPLOSION) representing compensatory damages for the wrongful
death of three children who died as a result of burns sustained in a
propane explosion due to the negligence of an agent for Blossman Gas,
Inc. in illegally filling an out-of-date 100-pound propane tank with
a defective valve.
Ginger Evans v. Blossman Gas, Inc., Blossman Gas, Inc. of Georgia,
and H&H Shoppette, Inc., State Court of Fulton County, Georgia,
C.A.F. 03-VS-050554 (2004).
$3,003,000.00 (MEDICAL NEGLIGENCE,
BOTCHED SURGERY) representing compensatory damages to a 76-year-old
woman for her claims of medical malpractice against a thoracic surgeon
for injuries she suffered as a result of the surgeon severing her esophagus
during surgery. The woman subsequently struggled to swallow and
eat solid foods, and required repeated procedures to expand the scar
tissue and re-open her esophagus.
Nina K. Spurlock v. James M. Freeman and Cardiovascular Surgery Associates,
P.C., Superior Court of Dougherty County, Georgia, C.A.F. 97-CV-1083-1
(1998).
$3,000,000.00 (WRONGFUL DEATH, PREMISES
LIABILITY) representing compensatory damages for the wrongful death
of two young boys and Joe Delaney, Kansas City Chiefs football player
and 1981 AFC Rookie of the Year. Joe Delaney drowned while attempting
to rescue the drowning boys in a pond located at a City owned water
park.
Carolyn Delaney, et al. v. City of Monroe, Louisiana, et al.
State of Louisiana, Parish of Ouachita, 4th District Court (1987).
$2,250,000.00 (WRONGFUL DEATH, TRUCK
DRIVER NEGLIGENCE) representing compensatory damages for the wrongful
death of a 41-year-old automobile mechanic and father of three who died
after colliding with a poorly lighted semi-tractor trailer blocking
both lanes of travel on a rural road after becoming jackknifed when
the driver attempted an illegal turn in the roadway.
Davis v. Cooper, et al., Superior Court of Fulton County, Georgia,
(1991).
$1,950,000.00 (SPINAL CORD
INJURY, MEDICAL NEGLIGENCE) representing compensatory damages awarded
to a 73-year-old lady who was administered an anticoagulant to minimize
blood clots. She suffered permanent, partial paralysis due to
a failure to promptly diagnose and treat compression of her spinal cord
caused by bleeding into her epidural space following withdrawal of an
epidural catheter.
Roe v. Heidary, et al., Superior Court of Chatham County, Georgia,
(1992).
$1,625,000.00 (WRONGFUL DEATH, MEDICAL
NEGLIGENCE, BOTCHED SURGERY) representing compensatory damages awarded
for the wrongful death of 37-year-old single mother of two undergoing
surgery for a tubal ligation and dilatation and curettage (D and C).
Plaintiff also recovered prejudgment interest of $198,700.84.
Wainwright v. Wendell E. Phillips, M.D., Superior Court of Fulton
County, Georgia, (1992).
$1,265,000.00 (MEDICAL NEGLIGENCE, BOTCHED COSMETIC SURGERY, INFORMED CONSENT) representing compensatory damages in a cosmetic surgery case for a 71-year-old woman who suffered scars on her face following simultaneous full face CO2 laser resurfacing and facelift. This verdict included $250,000.00 for loss of consortium to her spouse. Nestlehutt v. Altanta Oculoplastic Surgery, P.C. d/b/a Oculus, State Court of Fulton County, Georgia, C.A.F. 2007-CV-002223J (2008).
$1,250,000.00 (WRONGFUL DEATH,
MEDICAL NEGLIGENCE, BOTCHED SURGERY)
representing compensatory damages awarded for the wrongful death of
a 60-year-old wife and mother who underwent a negligently performed
back operation where the instruments went through the operative field
into the abdomen, severing major blood vessels resulting in death due
to blood loss. .
Austin v. Kaufman et al., Superior Court of Fulton County, Georgia
(1990).
$1,200,000.00 (BRAIN INJURY
RESULTING IN DEATH, TRUCK DRIVER NEGLIGENCE)
representing the full value of the life of a seven-year-old child who
was killed due to the negligence of a truck driver who jumped out of
his truck loaded with gravel as it careened downhill to a roadway blocked
by a low-boy trailer crossing the road as other negligent persons were
attempting to load a front end-loader.
Avant, et al. v. Bridges, et al., State Court of Bibb County,
Georgia, (1984).
$1,015,538.20 (WRONGFUL DEATH,
TRUCK DRIVER NEGLIGENCE) representing compensatory damages equaling
the full value of the life of 43-year-old man killed in a collision
with a tractor-trailer carrying a load of logs as the driver pulled
out from behind another truck and into his lane of travel.
Leslie Phillips, et al. v. Meeks Logging Co., Inc., Superior
Court of Emanuel County, Georgia, C.A.F. 01-CV-211 (2002).
$926,000.00 (BRAIN INJURY, MEDICAL
NEGLIGENCE) representing compensatory damages for medical malpractice
against a hospital for brain injury suffered as a result of post-operative
bleeding in the neck, which went undiagnosed and untreated until after
irreversible brain injury had occurred.
Debra Avant v. Southern Regional Medical Center, Inc., et al
Superior Court of Fulton County, Georgia, C.A.F. E-35510 (1995).
$800,000.00 (WRONGFUL DEATH, TRUCK
DRIVER NEGLIGENCE) representing compensatory damages for the wrongful
death of a 26-year-old husband and father due to the negligence of a
truck drive who failed to stop at the stop sign.
Vickie Ray, et al. v. Summerford Truck Line, Inc., et al., United
States District Court, Middle District, Georgia, Albany- Americus Division,
(1988).
$700,000.00 (WRONGFUL DEATH, MEDICAL
NEGLIGENCE, FAILURE TO PROPERLY TREAT POSTOPERATIVE INFECTION) representing
compensatory damages for the wrongful death of a 26-year-old man who
died of infection while in a hospital following a gunshot wound.
Irish et al. v. Lane et al.., Superior Court of Dougherty County,
Georgia, (1988).
$600,000.00 (WRONGFUL DEATH, MEDICAL
NEGLIGENCE) representing compensatory damages for the full value
of the life of a four-month-old infant who was anesthetized without
an established IV access for a routine hernia operation. When
the child became hypotensive, the anesthesiologist could not find a
vein for the administration of life-saving drugs.
Kisner v. Saucier, et al., Superior Court of Sumter County, Georgia,
(1987).
$575,000.00 (AMPUTATION, BUS
DRIVER NEGLIGENCE) representing compensatory damages to a 28-year-old
woman whose great left toe was amputated after she was struck by a MARTA
bus while crossing the street.
Gaffron v. Metropolitan Atlanta Rapid
Transit Authority, d/b/a MARTA, Superior Court of Fulton County,
Georgia, C.F.A. E-32365 (1999).
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