Second Wayne County Jury Awards $2.77 Million to Child Patient Falsely Diagnosed With Epilepsy

Dr. Yasser Awaad worked as a pediatric neurologist at Oakwood Healthcare in the Detroit area for roughly eight years, during which time he generated epilepsy diagnoses in children by misreading EEG brain wave tests. According to evidence presented at multiple trials, he reported abnormal brain activity that was not present, then prescribed anti-seizure medications to children who had no seizure disorder. His compensation included performance bonuses tied to billing targets.

Claire Linzell came to Awaad as a young child. Her parents sought an evaluation for repetitive behaviors and attention difficulties. Awaad conducted EEG testing, reported abnormal findings, and diagnosed epilepsy. She was placed on anti-seizure and antidepressant medications. The treatment continued for years. When another physician eventually reviewed her case, the conclusion was different: Claire had an autism spectrum disorder. The epilepsy treatment had addressed a condition she did not have.

By the time the case went to trial, McKeen and Associates, PC was representing approximately 267 former Awaad patients in pending civil claims across the same pattern of alleged misdiagnosis. Brian J. McKeen, who led the plaintiff litigation, told reporters that Awaad had enriched himself "through a scheme of misdiagnosing epilepsy" in children.

The Linzell trial followed closely behind the firm's first courtroom victory in the Awaad litigation. A separate Wayne County jury had awarded $3 million to plaintiff Mariah Martinez in June 2019 in a parallel case against the same defendants. The Linzell jury returned its verdict on October 29, 2019, finding that Awaad had breached the applicable standard of care and that Oakwood had acted negligently in credentialing and supervising him. The total award was $2.77 million. Beaumont Health, which had acquired Oakwood before either verdict was entered, announced it disagreed with the outcome and would appeal. Michigan's statutory cap on non-economic damages in medical malpractice cases applied, leaving the net recovery subject to judicial reduction.

In May 2020, the Michigan Board of Medicine Disciplinary Subcommittee unanimously accepted a settlement under which Awaad permanently surrendered his Michigan medical license and paid a $5,000 fine. Approximately 270 additional civil cases from former patients remained pending at that time.