Martin Walker Earns Texas’ Largest Medical Malpractice Verdict in 2018

Martin Walker Earns Texas’ Largest Medical Malpractice Verdict in 2018

 

$43M gross negligence verdict named to Texas Lawyer list of top verdicts

TYLER, Texas – Trial law firm Martin Walker has earned honors for winning the largest medical malpractice verdict in Texas in 2018 for the $43.32 million jury award against Tyler-based East Texas Medical Center and one of its doctors. The editors of Texas Lawyerincluded the verdict in the magazine’s listing of Top Verdicts and Settlements, 10thEdition, based on research gathered by VerdictSearch.

 

A jury found ETMC grossly negligent for allowing Dr. Gary Boyd to treat 61-year-old Billy Pierce, despite having been placed on probation by the Texas Medical Board. Mr. Pierce was admitted in April 2014 with stomach pain and vomiting.

 

During the trial, Martin Walker attorneys argued the hospital bylaws should have prevented Dr. Boyd from practicing at the facility. Testimony showed that Dr. Boyd diagnosed Mr. Pierce with an abnormality he said would make surgery to remove bile duct stones impossible. For more than a month, Mr. Pierce was in a medically induced coma during which time Dr. Boyd and the hospital abandoned him, according to testimony. Once the hospital sought a second opinion, a new doctor rejected Dr. Boyd’s diagnosis and operated without complication.

 

Jurors agreed that Dr. Boyd’s improper care led to the loss of Mr. Pierce’s quality of life and his ability to provide for his family. The $43 million verdict included $18.57 million for past and future pain, anguish, loss of earning capacity, and medical care and expenses. The jury also awarded $25 million in punitive damages, after concluding the hospital’s conduct involved an extreme risk of potential harm to others.

 

Mr. Pierce was represented by Martin Walker name partners Reid Martin and Jack Walker and attorney Marisa Schouten. The case is Billy Pierce v. East Texas Medical Center and Dr. Gary Boyd and the ETMC Digestive Disease Center, Cause No. 16-0853-C in the 241stDistrict Court in Smith County.

 

Each year, VerdictSearch conducts a comprehensive review to produce the list of top verdicts in Texas. The full list is published in the July 2019 issue of Texas Lawyer.

 

Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: https://www.martinwalkerlaw.com/

 

Media Contact:

Mark Annick

800-559-4534

mark@androvett.com


School Bus Accident Liability

School Bus Accident Liability

It's been less than a week since the accident that took the life of a young boy in Athens Texas. This accident has affected many in our state and has raised awareness for improved school bus and train track safety standards. According to several news articles, the bus driver made the correct stop before crossing the track but unfortunately was still struck by the train. School buses may initially seem to be an unsafe form of transportation for children with their lack of seat belts and the large number of children that usually occupy the vehicle at one time. However, the fact remains that school bus fatalities are rare with an average of four to six annual fatalities, but they do still happen too often. Even though fatalities don't occur at an alarming rate it still causes a large number of injuries each year. These injuries can leave children injured emotionally as well as physically for long periods of time. For that reason, we feel it's important that East Texans know who is liable if their child is injured on a school bus.
In most cases, one of the following will be responsible for your child's school bus injury:

  • The school
  • A private bus company
  • Another driver
  • A parts manufacturer
  • A public entity

If your child is injured your first reaction may be to blame the school your child attends. This may be the case, but only under certain circumstances:

  • The driver was performing negligently while under the school's employment.
  • The vehicles malfunction caused the accident and should have been noticed under routine maintenance.
  • The school contracted through a private bus company did not legally have to perform the duties that caused the accident.

There are many layers to who is responsible for getting your child home safe while on a school bus. The laws vary from state to state and from school district to school district so it's important to ask for help from a local professional. Our thoughts and prayers are with the families affected in last Friday's accident. We know authorities are doing all they can to make sure all the facts are in place before any blame is placed. If you're struggling with knowing who is liable for you or your family members injury in any situation, don't hesitate to call our office for a consultation. (903) 526-1600


Misdiagnosed Cancer And Its Huge Impact On Lives

Misdiagnosed Cancer And Its Huge Impact On Lives

Here at Martin Walker Law, we want all East Texans to be made aware of the most common types of cancers that are misdiagnosed by doctors.
Not only is it important to keep these cancer types in mind, but there are some factors that come into play that can be associated with the misdiagnoses. It turns out that young adults are most likely to miss out on a diagnosis altogether. This can be a dangerous mistake because once they are eventually diagnosed it's usually at a much later and dangerous stage of cancer. Some of the reasons that these mistakes are made are that there is occasionally not enough time with a patient, faulty equipment and limited knowledge. The cancers that you need to keep in mind that are misdiagnosed most often are colorectal, lung, and breast cancers. ABC News made a point to address that 1.3 million Americans receive a false cancer scare every year. Pathologists are more likely to cause the error, resulting from an incorrectly analyzed test. This is because not all are specialists in cancer as a whole, and the mistakes usually involve tissue from the skin, prostate and female reproductive tract. Half of these errors result in serious harm, and this is a problem that needs to be taken seriously in the medical field. A report from 2015 by Fox News concluded that around 1 in 20 adults will experience some form of a medical mistake.
If you or a family member has been misdiagnosed, it's important that you know you have the right to seek justice. Give us a call today at (903) 526-1600.