Date: 03-29-2001

Case Style: Howard Wynn v. Dr. J. Kurt Bivens

Case Number: 99VS0148699

Judge: Henry Newkirk

Court: Superior Court, Fulton County, Georgia

Plaintiff's Attorney: Donald P. Edwards, Atlanta, Georgia

Defendant's Attorney: Douglas M. Smith of Webb, Carlock, Copeland, Semlar and Stair, Atlanta, Georgia

Description: Medical malpractice - Wrongful Death - Plaintiff alleged that Dr. Bivens used the wrong antibiotic and improper surgical techniques to treat infections that Mrs. Wynn developed after surgery on a chronic leg ulcer. Mrs. Wynn died some four months after the surgery from anemia from the infections. Mrs. Wynn was a devout Jehovah's Witness who refused blood transfusions recommended by her doctors.

Outcome: Settled for $950,000.00.

Plaintiff's Experts: Dr. Rabih Darouiche, Houston, Texas, infectious disease expert; Dr. James Davis, Atlanta, Georgia, plastic surgeon; and Dr. Craig Smith, Atlanta, Georgia, infectious disease specialist

Defendant's Experts: Dr. Marek Dobke, San Diego, California, plastic surgeon

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