$18 Million Verdict for Woman Left Paraplegic After Missed Spinal Infection Diagnosis

On July 20, 2014, Joan Simmons, a 58-year-old certified public accountant from Okatie, South Carolina, went to a Savannah hospital complaining of acute back pain and showing signs of infection. She was discharged. Eight days later, she returned with altered mental status. Blood tests confirmed a bloodstream infection, and an infectious disease specialist at SouthCoast Medical Group, Dr. Sarah Barbour, was brought in to manage her care.

Dr. Barbour did not identify or treat the spinal epidural abscess that was developing along Simmons's spine. Over the following days, Simmons developed progressive weakness in her legs. By the time imaging confirmed the abscess, surgery was performed -- but too late. The pressure on her spinal cord had already caused permanent paralysis in both legs. Simmons would spend the rest of her life as a paraplegic, unable to work and requiring continuous daily care.

Harris Lowry Manton attorneys Jeffrey Harris and Stephen Lowry took the case to trial in Chatham County State Court. The seven-day trial centered on whether Dr. Barbour and SouthCoast Medical Group met the standard of care owed to a hospitalized patient presenting with infection and back pain. The firm argued that a timely diagnosis and treatment of the abscess -- a recognized complication of bloodstream infections -- would have prevented Simmons's paralysis.

The jury returned a verdict of $18 million. It apportioned 90 percent of the fault to SouthCoast Medical Group and Dr. Barbour, putting the defendants' share at $16.2 million. The remaining 10 percent was attributed to the hospital. The award covered future medical expenses, the cost of modifying her home for wheelchair accessibility, and lost income.

The verdict was the largest medical malpractice award and the largest personal injury verdict ever returned in Chatham County at that time. It was later recognized by Georgia's Daily Report as the second-highest medical malpractice verdict in the state for 2018.