Medicine

Professional Negligence Law Reporter

You must be a Professional Negligence Law Reporter subscriber to access this content.

If you are a member of AAJ's Professional Negligence Section or a subscriber, log in below. Not yet a Section member? Join today!

Join the Professional Negligence Section

Wrongful Epilepsy Diagnosis

November/December 2019

Meier v. Awaad, No. 08-116530-NH (Mich. Cir. Ct. Wayne Cnty. June 24, 2019).

Mariah Martinez, 9, experienced headaches and sluggishness. She consulted Yassar Awaad, a pediatric neurologist, who diagnosed epilepsy. For the next four years, Martinez took epilepsy medication and underwent extensive testing. She later learned she did not have epilepsy.

Martinez sued Awaad, alleging he misdiagnosed her as having epilepsy and intentionally misread EEG results. Suit also alleged that Awaad’s then-employer, Oakwood Healthcare, ignored reports from Awaad’s colleague that Awaad was ordering EEGs excessively and prescribing anticonvulsant drugs to children who did not need them. Had Awaad been timely investigated, the plaintiff argued, it would have been revealed that he was systematically labeling normal EEGs as showing evidence of seizure activity.

The jury awarded more than $3 million.

Plaintiff counsel: AAJ member Brian McKeen ad Anthony Randazzo, both of Detroit.