$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 Lawyer included the verdict in the magazine’s listing of Top Verdicts and Settlements, 10th Edition, 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 241st District 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: http://www.martinwalkerlaw.com/