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Gleaton & Hinson Win Week-Long Trial

Posted September 5, 2012 in News

On August 20th, after over a week of trial, Frederick Gleaton and Shannon Shipley Hinson received a defense verdict in the Superior Court of Dougherty County for their client, a critical care physician practicing in Albany, Georgia. The case was previously tried in 2009 by previous counsel, resulting in a verdict for the plaintiff in the amount of $3 million. New trial was granted due to evidentiary issues int he first trial and the OGEJS lawyers were retained to re-try the case.

The case involved allegations that the defendant physician had prescribed too much morphine to a patient. The plaintiff’s decedent was an elderly woman with end stage COPD who had just suffered from a respiratory arrest or “code.” She died three hours after the palliative dose of morphine at issue was administered. The defense contended that the dose of morphine prescribed was necessary in a comfort care setting for a "do not resuscitate" patient in respiratory distress. The plaintiff contended that the deceased was not a terminal patient and that the morphine caused or hastened the patient's death.

The jury took approximately three hours to reach its verdict.