Melissa Dempsey f/k/a Melissa Watson, Individually and as Parent and Next Friend of Kailey Watson, a Minor v. Johnnie Sveum, et al

Case Background

On October 18, 2020, Plaintiff Melissa Dempsey f/k/a Melissa Watson, Individually and as Parent and Next Friend of Kailey Watson, a Minor  filed a birth injury lawsuit in the Georgia State Court, Gwinnett County (Case number: 09C20372-4). Judge  Winston Kidd presided over this case.

Cause

Kailey Watson was born on August XX, 2002, following a challenging 17-hour labor. She required immediate resuscitation due to complications during delivery. The Plaintiffs argued that Kailey experienced distress during the final two hours of labor. They claimed this distress caused oxygen deprivation, leading to a brain injury. The Plaintiffs asserted that the hospital’s medical staff, including doctors and nurses, failed to properly monitor and assess Kailey’s condition. They further contended that this medical negligence resulted in inadequate care. At the time of trial, Kailey was 10 years old. Her cognitive abilities matched those of a 3-year-old.

Injuries

The complications at birth caused Kailey to suffer severe health conditions, including cerebral palsy and epilepsy. The brain injury also led to significant cognitive impairments that hindered her developmental progress. She required lifelong medical attention and therapy. Her physical and cognitive challenges severely impacted her quality of life and learning capabilities.

Damages

The Plaintiffs sought compensation for extensive past and future medical expenses. They highlighted the costs of ongoing treatments, specialized education, and physical therapy. They also emphasized the financial burden of adaptive living arrangements. The family sought damages for the emotional toll of caring for a child with lifelong disabilities. They stressed how Kailey’s injuries drastically affected her daily life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Melissa Dempsey f/k/a Melissa Watson, Individually and as Parent and Next Friend of Kailey Watson, a Minor
    • Counsel for Plaintiff: Hunter Hillin
  • Defendant(s): Johnnie Sveum | Gwinnett Hospital System
    • Counsel for Defendants: John Hall

Claims

The Plaintiffs accused the hospital of medical negligence during childbirth. They alleged that the staff breached the standard of care required during Kailey’s birth. The failure to monitor signs of fetal distress and respond appropriately, they claimed, led to oxygen deprivation and Kailey’s brain injury. They emphasized the hospital’s failure to deliver competent care, which resulted in permanent health consequences.

Defense

The Defendant, Gwinnett Hospital System, asserted that its staff provided appropriate care during Kailey’s delivery. They maintained that the medical team monitored both the mother and child diligently throughout labor. According to the hospital, Kailey’s condition stemmed from meningitis or an unrelated infection, not oxygen deprivation. They argued that her brain injury and subsequent health issues were not caused by medical negligence. Despite these arguments, the jury sided with the Plaintiffs.

Jury Verdict

A Gwinnett County jury awarded $13,900,000 to Kailey Watson and her parents. The jury found the hospital liable for Kailey’s permanent brain injury, making it the sole Defendant responsible for the verdict. Other defendants were dismissed following a confidential settlement.

Court Documents:

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