Anna Giacomi v. Union General Hospital Inc. d/b/a Union County Nursing Home et al

Case Background

In 2017, Anna Giacomi filed a medical malpractice lawsuit against Union General Hospital Inc. d/b/a Union County Nursing Home after her condition worsened following a donkey attack due to alleged medical negligence, ultimately leading to a double amputation.

The lawsuit was filed in the Superior Court of Union County, Georgia. Judge James E. “Jim” Cornwell Jr. presided over this lawsuit. [Case number: SUCV2017000365]

Cause

Anna Giacomi sought treatment at Blairsville’s Union County Nursing Home for injuries to her left arm and hand after feeding a donkey in November 2015.

Dr. James Heaton, then director of Union County Nursing Home, oversaw Giacomi’s care after her transfer for rehabilitation. She had initially been admitted to Northeast Georgia Medical Center in November 2015 for wounds sustained in a donkey attack, court records show.

According to her complaint, Giacomi developed a severe infection in her left arm and leg. Staff at Blairsville’s Union County Nursing Home noticed the infection, but Dr. James Heaton failed to evaluate her in time. The healthcare providers at the nursing home and Union General Hospital ignored significant warning signs. Despite major drainage, a foul odor, and her foot turning green, they allegedly failed to call a surgeon for nearly seven days. The delay in treatment led to her developing a flesh-eating bacterial infection leading to a double amputation of her arm and leg.

Injury

The lawsuit stated that Giacomi suffered for seven days without appropriate medical intervention. She would continue to endure the lasting effects of the delayed treatment.

Damages

Giacomi faced and would continue to face significant daily challenges because of her injuries. She sought compensation for the double amputation which could have been avoided with proper care.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Anna Giacomi
    • Counsel for Plaintiff(s): Max Thelen | Moses Kim | Wynn B. Sowersby | Janeen E. Smith
  • Defendant(s): Union General Hospital | Dr. James Heaton
    • Counsel for Defendant(s): William J. Hunter | I. Gregory Hodges | R. Benjamin Lingle | Austin Lewis Perry

Claims

Giacomi’s legal team argued that this delay amounted to negligence, causing her to lose her arm and leg unnecessarily. They claimed Defendants ignored clear signs of a worsening infection and failed to transfer her to another hospital until it was too late.

The complaint alleged that the Defendants’ negligence extended beyond delayed treatment. Giacomi’s attorneys claimed the hospital allowed Dr. James Heaton to remain on staff despite serious concerns.

According to attorney Kim, hospital officials knew about previous reports accusing Heaton of neglecting patients. They also allegedly knew about allegations that he operated a pill mill alongside hospital CEO Michael Gowder. Despite this knowledge, the hospital failed to take action and continued to retain and supervise Heaton.

In a separate case, authorities arrested Dr. James Heaton and former Union General CEO Mike Gowder in February 2016. Their arrests occurred just two months after Giacomi’s stay at the nursing home and hospital.

Prosecutors later tried both men and found them guilty of federal prescription drug crimes.

Giacomi’s legal team argued that this decision reflected ongoing negligence, further contributing to the harm she suffered.

Defense

The defense argued that the hospital and its staff followed the appropriate standard of care in treating Giacomi. They denied any negligence in hiring, training, supervising, or retaining Dr. Heaton or other staff members.

Additionally, the defense requested that the claim be separated from the medical malpractice portion of the trial.

Before the trial, Plaintiff reached settlements with several nonparties and dismissed others from the case. By the time proceedings began, Union General Hospital remained the only Defendant.

Key Arguments and Remarks by Counsel

Plaintiffs’ counsel focused their trial strategy on proving the defendants’ negligence. “The combination of our clear messaging, along with damaging video clips of important testimony, and summary boards to remember the poignant moments of trial helped drive the message home that this was a broken hospital that had failed to protect the patients in their community,” Moses Kim said. Through the use of demonstrative exhibits, Kim explained, the plaintiffs’ team overcame various challenges, including the defendants’ persistent denials of liability.

During the trial, Kim emphasized that plaintiffs’ counsel actively challenged the defendants’ refusal to accept responsibility by pointing out conflicting evidence, including testimony from employees. “The defense adamantly refused to accept any responsibility despite numerous nurse employees who had already admitted that they had violated many standard of care,” Kim said. “Several hospital board members acknowledged that their own credentialing system was broken, as evidenced by the numerous unaddressed conflicts of interest and their apparent failure to investigate evidence of Dr. Heaton and CEO Gowder’s illegal conduct [known by] the hospital board.”

Jury Verdict

The jury delivered its first verdict on July 30, confirming medical malpractice had occurred. On August 5, they issued a second verdict addressing negligent credentialing.

As part of the decision, jurors awarded Giacomi $47 million for past and future pain and suffering, according to court records.

The jury allocated 5% of the damages to Union General Hospital for medical malpractice by multiple employees. The jury found Union General 45% responsible for negligently credentialing Heaton and assigned another 45% of the fault to Heaton personally. The remaining 5% went to Dr. Janaki Narravula.

Although Heaton and Narravula were not Defendants, the jury still found them at fault. Georgia law allows jurors to assign responsibility to nonparties without making them Defendants. This ensures Defendants are only held responsible for the percentage of harm they caused.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com

Press Release:

North Georgia News