December 5, 2022
MSP Attorneys Obtain Defense Verdict on Behalf of Floyd Medical Center: MSP attorneys Jason Sanker and Ben Stell completed a jury trial in federal court last week, in which they successfully defended Atrium Health Floyd Medical Center and a phlebotomist employed by the hospital against claims of Assault, Battery, Intentional Infliction of Emotional Distress, and Negligent Infliction of Emotional Distress. The claims were brought by a former patient who contended that the phlebotomist failed to obtain consent for a legal blood draw in the hospital’s emergency room. The patient requested $500,000 from the jury as damages for pain and suffering and emotional distress. The patient also requested that the jury additionally impose punitive damages against the hospital and phlebotomist in the amount of $250,000. At the close of trial, the claims were found to be without merit as the jury returned a defense verdict for the hospital and phlebotomist on all counts and awarded no damages to the plaintiff, affirmatively clearing MSP’s clients of any and all alleged wrongdoing. The case was pending in the United States District Court for the Northern District of Georgia, Rome Division and the two-day trial was presided over by the Honorable Michael L. Brown, United States District Judge. Jason and Ben were assisted with trial preparation and support by MSP paralegal, Kelly Dillard.