Greer Injury Lawyers Secures $8.1 Million Verdict for Diabetic Patient Paralyzed by Missed Infection

By Thomas Greer | April 24, 2025

Greer Injury Lawyers secured an $8.1 million jury verdict in Obion County for a 60-year-old man who sustained permanent neurologic damage because of a physician’s failure to properly treat an infection. This important medical malpractice verdict demonstrates the devastating consequences of medical errors and shows that Tennessee juries will hold negligent providers accountable for their failures. Background on the plaintiff’s injuries Our client was a 55-year-old man with insulin-dependent diabetes who was seeking care for right shoulder pain. He visited The Doctor’s Clinic, which is owned by Baptist Memorial Medical Group, Inc., in Union City on April 22, 2020, where a doctor diagnosed him with acute bursitis. He received a steroid injection as treatment. On May 1, 2020, he returned to the clinic with a blister and was diagnosed with shingles. The treating physician prescribed oral acyclovir – which is an antiviral medicine, and a topical cream for pain relief. On May 19, 2020, the patient returned again, this time with a draining shoulder abscess. The abscess was large and was located over the same shoulder where the steroid injection had been given a few weeks earlier. The doctor drained the abscess and according to the medical record, removed “a large amount of purulent, runny, yellow-green material.” He prescribed oral antibiotics (Bactrim DS) and Bactroban ointment. The patient was instructed to return home, take his medication, and apply a warm compress. Just a few days later, he experienced a sudden onset of weakness and an inability to walk. He went to the emergency room and was transferred to the hospital. An MRI revealed a spinal epidural abscess between C2-T1 and cervical cord compression. He was rushed into emergency surgery, but suffered permanent neurological injuries, an inability to walk, and incontinence. As a result, he will require lifelong medical care and support. The medical errors The standard of care in this case required the doctor to admit the patient to the hospital for the administration of IV antibiotics, which are much more powerful and effective than the oral antibiotics prescribed.  Had this been done, the infection in the spine would likely have been eliminated before neurologic symptoms arose. At worse, the symptoms would have occurred over a longer period of time, allowing healthcare providers additional time to discover and treat the infection. The legal battle Our team argued that the plaintiff’s treatment was inadequate and dangerous and fell below the standard of care. He required IV care and hospitalization, but instead received a prescription for oral and topical antibiotics. During his deposition, taken three years after the events, the doctor claimed that he had offered hospital admission to the plaintiff and the patient refused. Therefore, oral antibiotics were given. The records from the critical visit tell a completely different story and do not mention IV antibiotics or hospitalization. At trial, the defense shifted again. The defense claimed that the doctor offered two equally reasonable options, IV antibiotics or oral antibiotics, and that it was reasonable for the plaintiff to choose the pills. We were able to dismantle that argument, which seemed to suggest patients could be offered a menu of treatment options, even for serious medical issues. The defense enlisted the help of several expert witnesses. One attempted to downplay the life expectancy of the plaintiff, claiming that his diabetes made his life expectancy significantly shorter than it would be for someone without the condition. Another argued that COVID was an excuse for offering oral antibiotics instead of an IV. And an infectious disease expert claimed that the oral and IV antibiotics were equivalent. Our team took apart each claim, pointing out inconsistencies between the defendant’s deposition and trial testimony, challenging the life expectancy calculations, and pointing out that the inpatient treatment wasn’t just about the IV, but also about receiving hospital care. Many of the defense witnesses attempted to deliberately mislead the juror but their tactics were exposed on cross examination. As one juror commented to Thomas Greer after the verdict, “I hope I never have to be questioned by you.” Our experts testified that IV antibiotics would have prevented or slowed the spinal infection and noted that he’s never seen a patient given 72 hours of IV antibiotics for spinal epidural abscess who still developed paralysis. Damages and the verdict Ultimately, the jury sided with the plaintiff and awarded a total of over $8 million. The damages included $3 million to provide for future medical care. The non-economic damages included $5,000,000 for the plaintiff’s pain and permanent disability, and $100,000 for the plaintiff’s wife for a loss of consortium claim. The legal and human impact This case is about accountability for medical providers, and it demonstrates the importance of adhering to the standard of care, especially when treating vulnerable patients. It also reinforces the need for proper documentation in medical records and highlights that rural patient care must meet the same standards as everywhere else. For the plaintiff in this case, his life will never be the same. Greer Injury Lawyers fought hard to achieve accountability and justice for him and his family, and to make sure he had the financial support he needed to receive ongoing care. By aggressively pursuing these cases, we’re able to push for safer medical attention for everyone. If you or a loved one has been harmed by medical negligence, call us or fill out our contact form today. We offer free consultations for victims of medical malpractice.Greer Injury Lawyers secured an $8.1 million jury verdict in Obion County for a 60-year-old man who sustained permanent neurologic damage because of a physician’s failure to properly treat an infection. This important medical malpractice verdict demonstrates the devastating consequences of medical errors and shows that Tennessee juries will hold negligent providers accountable for their failures.

Background on the plaintiff’s injuries

Our client was a 55-year-old man with insulin-dependent diabetes who was seeking care for right shoulder pain. He visited The Doctor’s Clinic, which is owned by Baptist Memorial Medical Group, Inc., in Union City on April 22, 2020, where a doctor diagnosed him with acute bursitis. He received a steroid injection as treatment.

On May 1, 2020, he returned to the clinic with a blister and was diagnosed with shingles. The treating physician prescribed oral acyclovir – which is an antiviral medicine, and a topical cream for pain relief. On May 19, 2020, the patient returned again, this time with a draining shoulder abscess. The abscess was large and was located over the same shoulder where the steroid injection had been given a few weeks earlier. The doctor drained the abscess and according to the medical record, removed “a large amount of purulent, runny, yellow-green material.” He prescribed oral antibiotics (Bactrim DS) and Bactroban ointment. The patient was instructed to return home, take his medication, and apply a warm compress.

Just a few days later, he experienced a sudden onset of weakness and an inability to walk. He went to the emergency room and was transferred to the hospital. An MRI revealed a spinal epidural abscess between C2-T1 and cervical cord compression. He was rushed into emergency surgery, but suffered permanent neurological injuries, an inability to walk, and incontinence. As a result, he will require lifelong medical care and support.

The medical errors

The standard of care in this case required the doctor to admit the patient to the hospital for the administration of IV antibiotics, which are much more powerful and effective than the oral antibiotics prescribed.  Had this been done, the infection in the spine would likely have been eliminated before neurologic symptoms arose. At worse, the symptoms would have occurred over a longer period of time, allowing healthcare providers additional time to discover and treat the infection.

The legal battle

Our team argued that the plaintiff’s treatment was inadequate and dangerous and fell below the standard of care. He required IV care and hospitalization, but instead received a prescription for oral and topical antibiotics.

During his deposition, taken three years after the events, the doctor claimed that he had offered hospital admission to the plaintiff and the patient refused. Therefore, oral antibiotics were given. The records from the critical visit tell a completely different story and do not mention IV antibiotics or hospitalization. At trial, the defense shifted again. The defense claimed that the doctor offered two equally reasonable options, IV antibiotics or oral antibiotics, and that it was reasonable for the plaintiff to choose the pills. We were able to dismantle that argument, which seemed to suggest patients could be offered a menu of treatment options, even for serious medical issues.

The defense enlisted the help of several expert witnesses. One attempted to downplay the life expectancy of the plaintiff, claiming that his diabetes made his life expectancy significantly shorter than it would be for someone without the condition. Another argued that COVID was an excuse for offering oral antibiotics instead of an IV. And an infectious disease expert claimed that the oral and IV antibiotics were equivalent.

Our team took apart each claim, pointing out inconsistencies between the defendant’s deposition and trial testimony, challenging the life expectancy calculations, and pointing out that the inpatient treatment wasn’t just about the IV, but also about receiving hospital care. Many of the defense witnesses attempted to deliberately mislead the juror but their tactics were exposed on cross examination. As one juror commented to Thomas Greer after the verdict, “I hope I never have to be questioned by you.”

Our experts testified that IV antibiotics would have prevented or slowed the spinal infection and noted that he’s never seen a patient given 72 hours of IV antibiotics for spinal epidural abscess who still developed paralysis.

Damages and the verdict

Ultimately, the jury sided with the plaintiff and awarded a total of over $8 million. The damages included $3 million to provide for future medical care. The non-economic damages included $5,000,000 for the plaintiff’s pain and permanent disability, and $100,000 for the plaintiff’s wife for a loss of consortium claim.

The legal and human impact

This case is about accountability for medical providers, and it demonstrates the importance of adhering to the standard of care, especially when treating vulnerable patients. It also reinforces the need for proper documentation in medical records and highlights that rural patient care must meet the same standards as everywhere else.

For the plaintiff in this case, his life will never be the same. Greer Injury Lawyers fought hard to achieve accountability and justice for him and his family, and to make sure he had the financial support he needed to receive ongoing care. By aggressively pursuing these cases, we’re able to push for safer medical attention for everyone. If you or a loved one has been harmed by medical negligence, call us or fill out our contact form today. We offer free consultations for victims of medical malpractice.

Posted in Medical Malpractice