Barnett v. Cole, et al

Case Background

Greg Barnett filed a medical malpractice lawsuit against his chiropractor alleging a breach of standard of care and negligence which led to a stroke. The case was filed in the Alabama 32nd Judicial Circuit and Judge Gregory A. Nicholas presided over this case. [Case number: 18-900088]

Cause

On March 24, 2016, Greg Barnett visited Below Chiropractic Center, Inc., located at 207 4th Avenue SE in Cullman. This small chiropractic office was run by Dr. Julie Below and her husband, Dr. Jeffrey Cole.

Barnett received care from Dr. Cole, who diagnosed him with several issues. These included pain in the thoracic spine, back muscle spasms, cervicalgia, low back pain, lumbar disc degeneration, and left shoulder pain. That day, Dr. Cole performed a spinal manipulation as part of his treatment plan.

Although the records are somewhat unclear, it appeared that Barnett did not feel well after this initial treatment. Four days later, on March 28, 2016, he sought advice from Dr. Angelia Elliott, a family medicine specialist at Cullman Primary Care, P.C.

Barnett returned to Dr. Cole for a second chiropractic session on April 6, 2016. The following day, he went back to Dr. Elliott, reporting elevated blood pressure, droopiness in his right eye, vision changes, headaches, and altered taste.

On April 8, 2016, Barnett arrived at UAB Hospital, where doctors diagnosed him with a stroke. He believed that the origin of his stroke was related to the treatments he received from Dr. Cole. Consequently, Barnett decided to file a lawsuit against Dr. Cole and Below Chiropractic Center, Inc.

Damages

Barnett filed a medical malpractice lawsuit seeking compensation for the general and special damages caused due to the Defendant’s breach of standard of care. Additionally, Barnett’s wife, Renee Barnett, filed a derivative claim due to her loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Greg Barnett | Renee Barnett
    • Counsel for Plaintiff(s): Michael C. Bradley | Heath E. Meherg
    • Expert Witness for Plaintiff(s): Dr Alan Bragman 
  • Defendant(s): Dr. Julie Below | Dr. Jeffrey Cole | Below Chiropractic Centre P.C
    • Counsel for Defendant(s): Steven C. Smith | John F. Floyd, Sr. | John F. Floyd, Jr.

Claims

Barnett criticized Dr. Cole for not adequately evaluating, diagnosing, and treating his condition. He alleged that the chiropractic treatments caused an internal carotid artery dissection, leading to his stroke.

Initially, Barnett also included Dr. Elliott and Cullman Primary Care, P.C. as co-defendants. He accused them of neglecting his symptoms and ignoring his requests for medical assistance.

Eventually, the plaintiffs agreed to dismiss Dr. Elliott and Cullman Primary Care, P.C. from the case. After this, the litigation continued only against Dr. Cole and Below Chiropractic Center, Inc., based on Barnett’s earlier claims.

Defense

Dr. Cole and Below Chiropractic Center, P.C. defended themselves in the case and denied any breach of the chiropractic standard of care. They claimed their treatment of Barnett was appropriate in every aspect. Furthermore, the defendants asserted that they did not cause his stroke.

Expert Testimony

The Plaintiffs identified Dr. Alan Bragman, a chiropractor from Atlanta, GA, as an expert witness. Dr. Bragman believed that Barnett fell into a high-risk category, which made him unsuitable for chiropractic treatment.

He stated that Dr. Cole overlooked this fact by ignoring multiple red flags. Additionally, Dr. Bragman criticized Dr. Cole for not conducting a thorough evaluation and for failing to establish a clinical basis for the treatment. He also asserted that Dr. Cole’s treatment had caused Barnett’s vascular injury, which ultimately led to the stroke.

Jury Verdict

The case was tried in Cullman. The jury returned a verdict in favor of Dr. Cole and Below Chiropractic Center, Inc. They rejected both Barnett’s claims and Renee’s consortium claim. Consequently, the court issued a defense judgment.

Court Documents:

Verdict