Professional Negligence Law Reporter

Jonathan Buckelew, 32, experienced neck pain and a headache for four days after working out at the gym. Additionally, he suffered bouts of blurred vision and ringing in his ears. He went to chiropractor Michael Axt, who performed a neck adjustment. When Buckelew sat up after the adjustment, he reported dizziness and appeared disoriented. Axt called 911, and Buckelew, who became unresponsive, was taken to North Fulton Hospital.

By the time he came to the hospital, he was able to move only his right hand. Emergency physician Matthew Womack allegedly diagnosed a possible dissection and ordered a CT scan of the brain and computed tomography angiography (CTA) of the neck. Radiologist James Waldschmidt interpreted the CTA as showing a potential vertebral artery dissection.

After Womack read the radiology report, he consulted the on-call neurologist, who recommended a lumbar puncture. Before the test, however, Buckelew suffered a seizure and was intubated. The lumbar puncture was subsequently performed and reported as normal.

Buckelew was diagnosed as having encephalitis and altered mental status and transferred to the ICU. The following day, another physician saw Buckelew and ordered an MRI of the brain as well as a magnetic resonance angiogram, which showed that Buckelew had suffered a massive non-hemorrhagic stroke resulting in permanent brain damage. He is unable to move any part of his body other than his eyes but is cognitively intact.

Buckelew and his wife filed suit against Womack, alleging that he had failed to timely diagnose the stroke and communicate correct information to the neurologist, including Buckelew’s symptoms and history of chiropractic adjustment. The plaintiffs also alleged that Waldschmidt had failed to diagnose arterial thrombosis evident on the CTA.

Suit did not claim lost income.

The jury awarded $75 million.

Citation: Buckelew v. Axt, No. 17EV004146 (Ga. St. Ct. Fulton Cnty. Oct. 20, 2022).

Plaintiff counsel: Laura M. Shamp and AAJ member Lloyd Bell, both of Atlanta.