The Injury Litigation Blog

Facts and Opinions.
Feel free to disregard the opinions.

Historic $30 Million Birth Injury Verdict Handed Down in Georgia

By Byron Warnken

A jury in Gwinnett County, Georgia, awarded $30 million to a mother and child who sustained severe injuries from allegedly preventable birth complications. The verdict, which came after a two-week trial in July 2022, is reportedly the second highest medical malpractice award in Georgia history. 


According to plaintiffs Eulanda and Jason Threat, their daughter January sustained permanent and significant brain injuries during her 2017 birth at Clearview Regional Medical Center (now known as Piedmont Walton) in Monroe, Georgia, due to negligence on the part of attending nurse Gina Sasso and attending obstetrician Dr. Kendra Gamble-Webb. The Threats alleged that after Eulanda was administered medication to amplify contractions and speed up labor, her contractions became too intense, causing January’s fetal heart rate and oxygen intake to drop. Sasso and Dr. Gamble-Webb also purportedly failed to properly monitor fetal vital signs for a total of 37 minutes and were negligent in the timely ordering of a necessary cesarean section. 


In addition to damage claims for January, the lawsuit also contended that Eulanda Threat was entitled to compensation for permanent injuries she sustained during the birth. Due to the rapid contractions brought on by medication, Eulanda reportedly suffered severe bleeding and collapsed. She required an emergency hysterectomy to save her life, a procedure the lawsuit argued was avoidable had Sasso and Dr. Gamble Webb not permitted her labor to intensify so quickly.


The Threats legal team, which includes Steven Pickens, Jessica Pickens, and Matthew Benson of Mahaffey Pickens Tucker, as well as Darren Summerville and Madeline Summerville of The Summerville Firm, attempted to negotiate a resolution with the defendants in lieu of a trial but were unsuccessful. According to Pickens, a settlement amount of $6 million put forth by the defense the week before the trial “was the highest ever offered” but was rejected by the plaintiffs. The trial then commenced with Judge Emily Brantley presiding.


At trial, the defense argued that Eulanda’s labor initially presented as routine, and that Sasso and Dr. Gable-Webb provided adequate care as complications arose. The defense team also posited that an amniotic fluid embolism, a rare but serious birth issue that is generally not preventable, caused Eulanda’s severe bleeding and subsequent hysterectomy. But the plaintiffs’ attorneys argued that the evidence showed Eulanda’s rapid, untreated contractions contributed to the embolism, and that negligence in properly monitoring January’s fetal vitals and administering a timely cesarean section turned an already urgent situation into a catastrophic emergency. 


The jury ultimately sided with the plaintiffs, assigning 20% of the responsibility for Eulanda and January’s injuries to Dr. Gamble Webb and 80% of the responsibility to Monroe HMA LLC, the subsidiary that employed Sasso. (Clearview Regional Medical Center/Piedmont Walton was not listed as a defendant in the case.) January Threat, who is non-verbal, relies on a feeding tube, and has been diagnosed with various neurological issues due to her birth injuries, was apportioned $29 million of the award. Eulanda Threat received $1 million of the award for her permanent injuries, including the hysterectomy. While the defense team said in a statement after the trial that they were “disappointed with the jury verdict in the matter,” Pickens subsequently announced that all involved parties reached a post-trial compromise for a confidential amount, negating the basis for an appeal. 

Florida’s Birth Injury Fund

By Byron Warnken

Why Are Parents Seeking Justice for Birth Injuries Stripped of Their Right to Sue?   When a child sustains a severe birth injury because of medical negligence, they are consigned to a potential lifetime of mental and physical impairment. But they aren’t the only ones who endure hardship. Their parents are often forced to navigate […]

Three Ways a Lawsuit Can Save Your Life

By Stephanie Yanovich

A wife and mother electrocuted in front of her children. A toddler crushed by a dresser. A young woman paralyzed by a faulty vehicle. They all suffered horrifically due to negligence. And the resulting lawsuits made the world safer for you. Tort reform advocates – the lobbyists, politicians, and corporate executives who want to make […]

How Johnson & Johnson Is Unloading Its Talcum Powder Lawsuits

By Stephanie Yanovich

Ovarian cancer. Lung cancer. Mesothelioma. These deadly conditions are all linked to asbestos, a carcinogenic mineral found in underground deposits. It tends to form near talc, another naturally occurring mineral used in cosmetic products such as creams, lotions, and powders. Because of the potential for cross-contamination, the Food and Drug Administration (FDA) recommends that companies […]

Connecticut Couple is Awarded $37.6 Million for Botched Fertility Procedure

By Stephanie Yanovich

Justice was finally served last week for a Connecticut couple who endured the devastating effects of an improperly performed fertility procedure. According to the civil complaint filed with the Hartford District Superior Court, a woman became pregnant with twins in 2013 after being artificially inseminated with donor sperm at the University of Connecticut Health Center […]

West Virginia Jury Awards $10.8 Million in Birth Injury Lawsuit

By Stephanie Yanovich

Justice was finally served last week for a West Virginia child who reportedly sustained devastating brain damage during birth. According to the district court complaint filed by her parents on her behalf, Aubrie Hysell did not receive adequate oxygen during the labor and delivery process at Raleigh General Hospital in 2010. She was later diagnosed […]

Florida Jury Awards $120 Million

By Byron Warnken

Last week, justice was finally handed down to a Florida man who sustained life-long injuries in a 2015 car accident. Jacob T. Rodgers became permanently paralyzed when a Gainesville Regional Utilities worker in an SUV ran a stop sign and hit the pickup truck he was riding in. A jury awarded Rodgers $120 million and […]

January 2021 Medical Malpractice Cases in and around Baltimore

By Byron Warnken

Below are Baltimore area medical malpractice cases that were filed in circuit courts in Maryland in January 2021.  This is meant to be a near comprehensive list, not including cases filed in Prince George’s County or Montgomery County, as those counties report statistics into the MD Judiciary Case Search in a different format. There were […]


By Stephanie Yanovich

There were about 24 medical malpractice suits filed in the month of December. Some hospitals are listed as co-defendants in suits against individual practitioners, and vice versa.  These are for cases listed as medical malpractice or med mal, excluding PG County and Montgomery County which do not break out their statistics or list cases as […]

Industry Giant Johnson & Johnson Is Facing Mounting Legal Challenges

By Byron Warnken

by Stephanie Yanovich For over a century, medical supplier Johnson & Johnson has billed itself as a family friendly household name supplying the familiar comforts found in millions of medicine cabinets. Tylenol, Band-Aids, and Johnson’s Baby Shampoo are just a few of the items produced by the company that conjure soothing images of wounds healed, […]