Jury Awards $3 Million to Patient Falsely Diagnosed With Epilepsy by Oakwood Neurologist

Dr. Yasser Awaad joined Oakwood Healthcare in Dearborn as its first pediatric neurologist in 1999. For eight years he ran what expert witnesses at trial called an "EEG mill," systematically misreading brain wave tests to generate epilepsy diagnoses in children who did not have the condition. His annual salary rose from $185,000 to $300,000 during that period, and he was eligible for bonuses exceeding $200,000 tied to billing targets. Another Oakwood physician, Dr. Susan Youngs, raised internal complaints about his repeated EEG orders and epilepsy diagnoses. Awaad left the hospital in 2007.

Mariah Martinez was nine years old when Awaad told her she had epilepsy. For four years she took anticonvulsant drugs that carried real side effects and reshaped her childhood. Activity restrictions drew teasing from peers. A separate physician reviewed her EEGs in 2007 and determined her tests were normal. She had never had epilepsy.

Brian J. McKeen of McKeen & Associates, PC led the litigation on her behalf, alongside more than 250 other former Awaad patients his firm was representing. At trial, the firm put before jurors evidence that Awaad labeled normal EEG readings as showing seizure activity and prescribed anticonvulsant medication to children who did not need it. The case against Oakwood turned on what the hospital knew, or should have known, about the pattern of complaints and whether it adequately supervised and monitored Awaad's diagnostic practices.

After a three-week trial before Wayne County Circuit Court Judge Robert J. Colombo Jr., the jury found Awaad had breached the standard of care and that Oakwood was negligent in hiring and supervising him. The total award was $3,024,000, of which $2.8 million covered non-economic damages including suffering, distress, and humiliation. Michigan's statutory cap on non-economic damages in medical malpractice cases applied, reducing the non-economic portion to $465,900.

Beaumont Health, which had acquired Oakwood before the verdict was entered, said it disagreed with the outcome and planned to appeal. The verdict was the first jury finding against Awaad and Oakwood arising out of what had grown into a docket of hundreds of pending patient claims.