Professional Negligence Law Reporter

Amy Douglas, who was in her 60s, consulted spinal surgeon Thomas Lawhorne about pain in her upper back. Lawhorne ordered an MRI of Douglas’s thoracic spine and advised her to undergo physical therapy. When physical therapy did not relieve Douglas’s pain, Lawhorne referred her to a pain management specialist, who ordered an MRI of the cervical spine. This revealed degenerative disk disease and stenosis, and Douglas underwent cervical epidural steroid injections. The pain management specialist then referred Douglas back to Lawhorne for a surgical consultation.

Lawhorne advised Douglas to have a permanent spinal cord stimulator implanted. She had the procedure and immediately suffered worsened pain, which debilitated her for several months. Douglas returned to the pain management physician, who ordered additional X-rays. These showed that the stimulator leads had migrated.

Douglas underwent multiple surgeries, including fusion surgery and removal of the leads, and was diagnosed as having a cerebrospinal fluid leak. She developed scar tissue and continues to suffer radiating pain because of a nerve root injury.

Douglas filed suit against Lawhorne and his practice, alleging improper performance of the spinal cord stimulator procedure, which the plaintiff claimed was not warranted. The plaintiff claimed that the physician had improperly placed the stimulator leads and should have recommended surgery instead of a spinal cord stimulator.

The jury awarded $4.5 million. An intermediate appellate court affirmed the judgment.

Citation: Douglas v. Lawhorne, No. STCV19-01146 (Ga. St. Ct. Chatham Cnty. June 17, 2024).

Plaintiff counsel: Jeremy McKenzie, Dorian Britt, Robert Turner, and Carolyn Spellman, all of Savannah, Ga.