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Verdicts & Settlements

Medical Malpractice

1. $22 MILLION DOLLAR VERDICT AWARDED TO KINNARD CLAYTON & BEVERIDGE CLIENTS, BETTE AND BEN DONATHAN.
Bette Donathan was in an automobile accident on April 11, 2006, in Winchester, Tennessee. She had a broken leg. She had surgery that was supposed to repair her broken lower right leg. However, as she was prepared for surgery at Southern Tennessee Medical Center in Winchester, medical personnel inserted an epidural catheter for post-operative pain control. "The epidural catheter should have never been inserted because she was on blood thinner due to her having a mechanical heart valve,", Randall L. Kinnard, her attorney, said. Bette Donathan developed a spinal bleed that left her paralyzed from the waist down. The jury, in a trial that lasted almost two months, awarded 62 year old Bette Donathan 19.2 million dollars, and 3 million dollars to her husband, Ben Donathan. It was reported that the verdict for Bette Donathan was the largest malpractice judgment for an individual in the history of Tennessee. "This should never have happened," Mr. Kinnard said. "Bette Donathan went into the hospital with a broken lower leg, and came out a paraplegic." Randy Kinnard and Daniel Clayton of Kinnard Clayton & Beveridge in Nashville, Tennessee represented Bette and Ben Donathan in this medical malpractice trial. Read more about this case here. (see links below)

"Record malpractice judgment awarded in Franklin case". Chattanooga Times Free Press. FindArticles.com. 02 Apr, 2010.

"Federal Jury in Chattanooga Awards $22.26 Million in Malpractice Case"

2. $6.5 million for woman who went into the hospital for a tubal ligation. The doctor put a small hole in her large colon during the procedure and did not recognize it. Five days after the surgery, the woman developed severe peritonitis, was operated upon, and found to be severely infected. Shortly after that surgery, a nasogastric tube was removed too early, causing the patient to vomit alone in her room. She aspirated her own vomitus and suffered a brain injury as the result of lack of oxygen. A Davidson County Circuit Court jury made the record award.

3. $4 million to a 24 year old college student who had an arterial venous malformation on his spine, which went untreated until it was too late. He became paralyzed from the waist down. Davidson County Circuit Court jury made the award.

4. $3 million for wrongful death of 16 year old boy who developed a severe headache, was taken to a local hospital and admitted. The young man complained of horrible headaches, vomited, and lost consciousness. He had diabetic ketoacidosis and went untreated, until it was too late to save his life. Davidson County Circuit Court jury award.

5. $2 million for wrongful death of 47 year old high school principal. This high school principal and football coach had a condition known as diverticulitis. After undergoing two annual, routine colonoscopy procedures for screening purposes, the gastroenterologist failed to warn the patient that his condition could lead to cancer if he did not take appropriate precautionary measures. The patient developed colon cancer and by the time it was discovered, it was too late to save the patient's life. Hamilton County Circuit Court jury made the award.

6. $2 million for Middle Tennessee State University girl's basketball coach. The patient developed blood clots in his leg and was admitted to the hospital for "clot busting" therapy. The IV medication caused the patient to start bleeding freely about the spinal column. The patient complained of pain and other problems and the complaints were not called to the treating physician. The patient suffered neurological damage. Although he ultimately was able to walk, his quality of life was permanently impaired. Rutherford County Circuit Court jury made the award.

7. $1 million for a patient who lost the ability to speak. The 47 year old female patient went to her family practitioner, complaining of signs and symptoms which were caused by pneumonia. The family practitioner failed to diagnose the problem or treat the condition. Five days later, the patient collapsed and went into a coma. Her lungs essentially filled with fluid. She suffered a loss of oxygen to the brain and a resulting permanent loss of the ability to speak. Davidson County Circuit Court jury award.

8. $2.6 million for 54 year old female who had a vaginal wart burned off by a physician in office. The physician used the wrong chemical compound, resulting in severe burns to the patient. Davidson County Circuit Court jury award.

9. $1 million for wrongful death of Vietnam veteran with post traumatic stress disorder. Took overdose of pills. Neighbor called police and said they should take him to hospital. They took him to jail instead where he died on cell floor. Middle District of Tennessee Federal Court jury award.

10. $1.6 million for death of 44 year old single mother, who gave birth to twins and went home from hospital. Two days later, developed pain in legs, called doctor, told to stay at home. Died one day later of blood clot. Davidson County Circuit Court jury award.

11. $2 million for pain and suffering of brain injured patient at rehabilitation center who had feeding tube accidentally pulled out and improperly replaced, resulting in liquids going into peritoneal cavity instead of stomach organ. Developed peritonitis. Davidson County Circuit Court jury award.

     Misdiagnosis of Cancer

1. $1.8 million verdict for the wrongful death of a 63 year old man whose tongue cancer went undiagnosed for one year. His CT scan was originally interpreted as normal. When his cancer was discovered one year later, it had metastasized leading to his death. Davidson County Circuit Court jury award.

Truck or Tractor Trailer Accidents

Motor Vehicle Accidents, Car Wrecks and Motorcycle Accidents

1. $1.1 million settlement for man killed on his way home when the defendant driver crossed the center line and struck his motorcycle. The $1.1 million settlement represented the total amount of insurance limits available. Davidson County Circuit Court case.

Personal Injury or Wrongful Death

1. $1.6 million verdict for a gentleman who sustained permanent back injuries when the deck collapses at a house he was visiting. Deck was improperly constructed. Davidson County Circuit Court jury verdict.

2. $3.25 million settlement for the wrongful death of a 53 year old woman and injuries to her daughter following a tractor-trailer wreck where the tractor-trailer changed lanes forcing the decedent's car off the road.

  

The firm has tried hundreds of other civil lawsuits across Tennessee, from the most populated counties to the smallest. In a recent seminar to trial lawyers, Randy Kinnard told the audience, "In the last 25 years of trying cases across the state of Tennessee, I have never been impressed with the notion that there are any so-called 'country juries'. All juries are smart."

We have won car wreck cases, products liability and multiple other types of personal injury cases before juries, collecting millions of dollars for our clients.

The firm has a philosophy about trials: we are unafraid to go to Court. If the defense does not offer a fair sum of money to our clients in cases which we feel the clients have been wronged, we are happy to go to Court and seek justice.

We have collected tens of millions of dollars for injured people and their families in settlements.

Children's Medicine Manufacturer's Plant Unsafe
The F.D.A. released findings Tuesday that the only plant that makes many popular over-the-counter pediatric medicines lacks sufficient quality control measures and has failed to investigate consumer complaints over contaminated product. Last week, Johnson & Johnson, who owns the plant through a subsidiary, recalled 43 over-the-counter pediatric medicines in the United States, its territories and nine other countries, affecting 70 percent of the market for over-the-counter children's medicine. F.D.A. officials said the plant used raw materials that were contaminated with an unknown bacteria and received 46 customer complaints over contaminated medicines. Federal officials did stress that serious harm from the recalled drugs was "remote." Lyndsey Layton, The Washington Post 05/05/2010

Toy Maker Recalls 200,000 Baby Playpens
Dorel Juvenile Group Inc. announced a voluntary recall last week of over 200,000 baby playpens due to the threat of "suffocation or positional asphyxiation." The company said that the floors of the Safety 1st Disney Care Center Play Yards and Eddie Bauer Complete Care Play Yards could become uneven when jostled, posing unnecessary risks to children. The toys were sold from January 2007 to October 2009 at Babies "R" Us, Kmart, Sears, Target and Walmart. No deaths have been reported involving the playpens. Staff Report, Chicago Tribune 12/30/2009
Read Article: Chicago Tribune

DECEMBER 2009: RANDALL L. KINNARD SPEAKS ON THE DANGERS OF TOXIC TOYS
Toy related injuries sent a staggering 80,000 children under the age of 5 to Emergency Rooms in 2007. Randy Kinnard said that defective and dangerous toys harm children each year. The U.S. Public Interest Research Group (USPIRG) released "The 24th-annual Trouble in Toyland report" recently. The report follows testing of thousands of toys for possible choking hazards, eardrum-damaging noise levels and toxins, and is available at www.uspirg.org. To read more on the article from Public News Service, click here.

KINNARD CLAYTON AND BEVERIDGE IS PROUD SPONSOR OF
Snowflake 5k

More than 70,000 children are poisoned each year by prescription or over-the-counter medicines, more than twice as many as are poisoned by other products, a new study has concluded. Read Article.

A Kinnard Clayton & Beveridge case involving Trey Jones was featured on the front page of the USA Today (Read More)

Trey Jones
Military Corner FEATURED ARTICLES

The Nashville personal injury and medical malpractice law firm of Kinnard, Clayton & Beveridge, Attorneys at Law serves clients throughout Tennessee in communities such as Memphis, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Hendersonville, Bartlett, Cleveland, Columbia, Cookeville, Gallatin, Lebanon, Brentwood, Springfield, Dickson, Davidson County, Shelby County, Knox County, Hamilton County, Rutherford County, Williamson County, Robertson County, Cheatham County, Maury County and Montgomery County. We also serve clients in Alabama and Kentucky. AL, KY