STATE COURT OF BIBB COUNTY

CIVIL JURY VERDICT REPORT

PLAINTIFF: Pamela Barrett Moran, Individually and as Administrator of the Estate of Todd Barrett

DEFENDANTS: Hugh F. Smisson, III, M.D. and The Georgia Neurological Institute, P.A.

CIVIL ACTION NO.: 52498

JUDGE: William P. Adams

TYPE OF CASE: Wrongful Death Medical Malpractice action arising from treatment rendered in November 2000 following surgery done on November 2, 2000.

VERDICT: Defendants

TRIAL DATE: February 18 – 22, 2008.

DAMAGES SOUGHT: $4,000,000.00.

INSURANCE CARRIER: MAG Mutual Insurance Company

NEGOTIATION: None

PLAINTIFF’S ATTORNEYS: Eric Hertz, Houston Smith, and Adrienne Hobbs

DEFENDANTS’ATTORNEYS: John Edwards and Richard Epps

OTHER INFORMATION:

Todd Barrett, age 39, died on November 13, 2000, following back surgery done at the Medical Center of Central Georgia on November 2, 2000, by Dr. Smisson, a neurosurgeon. The cause of death was a blood clot which developed after surgery and went to Mr. Barrett’s lungs. Plaintiff contended Dr. Smisson was negligent in his failure to use the blood thinner Heparin as a prevention for the development of blood clots. Dr. Smisson had ordered ambulation and hoses and compression devices as a way to prevent blood clots. The Defendant’s witnesses testified Mr. Barrett refused to wear the hoses and compression devices. The Plaintiff’s case consisted of two expert witnesses, one an orthopedic surgeon and the other a pulmonologist, both of whom testified Dr. Smisson breached the standard of care by failing to use Heparin. Plaintiff’s case also consisted of the testimony of an economist, her own testimony and the testimony of four family members and friends of Todd Barrett. The defense case consisted of four standard of care expert witnesses, including three neurosurgeons and one pulmonologist. Defendant’s case also consisted of his own testimony, the testimony of one of his partners, the testimony of his nurse, the testimony of five Medical Center employees, including nurses, a certified nurse assistant, and a physical therapist, and the testimony of the pathologist who did an autopsy in the case. The jury deliberated about fifty minutes before returning its verdict.