Emory settles malpractice suit after $38M verdict

Atlanta-based Emory Healthcare has settled with the mother of a deceased patient after receiving a $38.6 million medical malpractice verdict — the largest the system has ever faced, The Atlanta Journal Constitution reported Jan. 17. 

Barbara Brown, mother of Tre'von Falson, alleged that physicians at Emory University Hospital failed to perform a CT scan ahead of her son's heart transplant surgery in November 2017. 

Such scans are standard practice, and if physicians had conducted one, they would have seen that Mr. Falson's mechanical heart pump — placed the year prior at Emory Saint Joseph's Hospital of Atlanta — had moved to the back of his chest, according to case records obtained by the Journal Constitution

Mr. Falson died one month after his 20th birthday from blood loss and organ failure after surgeons cut into the part of his heart pump that had moved. 

Ms. Brown filed her complaint in November 2018. In the years that followed, Emory has fought the medical malpractice allegations, case records show.  

On Nov. 9, 2023, a jury awarded Ms. Brown $30 million for the value of her son's life, $6 million for his pain and suffering, and $2.6 million for medical expenses. The jurors held Emory's heart transplant program liable for medical malpractice, but absolved the surgeon who led Mr. Falson's procedure of blame.

The terms of the post-trial settlement are confidential, according to Ms. Brown's lawyers. She voluntarily dismissed her claim on Dec. 14. 

"Our condolences go out to the patient's family at this time," a spokesperson for Emory Healthcare told Becker's. "We appreciate the dedication and commitment of our many care teams across our health system. We will continue our mission of providing high-quality, compassionate care to all patients who come to our facilities."

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