An Atlanta jury has awarded a couple $2 million in compensation and $250,000 in punitive damages following a trial revolving around the tragic death of their newborn son. The jury’s decision came after they found that while the actions of George Gates, a medical professional associated with Medical Diagnostic Choices, were reprehensible, there was no specific intent to cause harm.
The couple, identified as Ross and Taylor, had initially sought $30 million in damages after their son was decapitated during birth due to complications. While the jury’s verdict fell significantly short of their request, Gates’ lawyer, Ira Livnat, noted a key finding: the jurors found that Gates did not act with the intent to harm.
“Obviously we were disappointed with the verdict,” Livnat stated, stressing the importance of the jury’s findings regarding intent.
Ross and Taylor’s legal representatives expressed satisfaction with the jury’s decision to impose penalties on Gates for his behavior, labeling it as ‘reprehensible.’ They remarked that “nothing can ease the couple’s pain over their son’s horrific death.”
The couple’s attorneys recounted the trauma of losing their child, stating, “After the decapitation of their baby, Gates poured salt into the couple’s already deep wounds when he betrayed them. This young couple trusted him with the remains of their precious baby. Gates, in turn, repaid this trust by posting horrific images of their child for the world to see.”
In a prior ruling in March 2024, Gates and his business were found liable by default for several serious claims, including the intentional infliction of emotional distress, invasion of privacy, and fraud. This verdict was reached because Gates did not respond to the couple’s lawsuit at that time and was not represented by an attorney.
The recent trial, which began earlier this week in Fulton County State Court, focused solely on the issue of damages. Livnat shared that he had been engaged to represent Gates and Medical Diagnostic Choices just hours before opening statements commenced and that all options for post-trial actions are currently being evaluated.
Under Georgia law, the maximum amount awarded for punitive damages in cases where intent is not established is capped at $250,000, which was the amount granted by the jury. Livnat, in his pretrial summary, had argued that the allegations posed by Ross and Taylor were unfounded. He maintained that the couple had not met the legal standards necessary to prove their claims and contended that there was no violation of the Health Insurance Portability and Accountability Act (HIPAA) in the case.
According to Gates, as a medical professional, he is permitted by federal law to disclose images and videos of unidentified patients for educational purposes without the need for patient consent.
In contrast, Ross and Taylor’s attorneys are adamant that justice was served through the jury’s decision. They emphasized that the ruling held Gates accountable for what they described as an unconscionable lack of empathy and invasion of their privacy.
The lawyers expressed gratitude to the jury for helping achieve their goal of accountability, stating, “We believe that the jury sent a powerful message that doctors must always consider the feelings of their patients and in this case, their clients.”
In a separate legal endeavor, Ross and Taylor are currently pursuing another lawsuit against Southern Regional Medical Center and Dr. Tracey St. Julian concerning the circumstances surrounding their son’s death.
The couple alleges that Dr. St. Julian negligently applied excessive force during the delivery, leading to the infant’s decapitation. They have accused the medical staff of attempting to conceal the details of the incident from them.
Southern Regional Medical Center has denied all claims of wrongdoing and has sought to dismiss this particular lawsuit, which remains pending in Clayton County State Court. Dr. St. Julian has countered in court documents that she met all pertinent standards of care throughout the delivery process.
The medical examiner’s office in Clayton County has classified the baby’s death as a homicide, after it was determined that the infant suffered from a rare and dangerous birth complication known as shoulder dystocia, which occurs when one or both shoulders become lodged in the mother’s pelvis, creating severe risks during delivery.
Ross and Taylor were reportedly not permitted to hold their child following delivery and could only view him through a glass window. Their attorneys revealed that staff had attempted to arrange the baby’s body to create the illusion that he had not been decapitated and encouraged the couple to proceed with cremation. It wasn’t until days later, through the funeral home managing the infant’s body, that they were informed of the true nature of their son’s death.
image source from：ajc
