Medical Neglicence News: Graciano vs. Montgomery

On April 9, 2014, Law Offices of Gary Green, in the case of Graciano vs. Frances Renee Montgomery, received a verdict for the plaintiff in the amount of $6,378,120.68, the largest medical negligence verdict ever awarded in Independence County.

The jurors assigned 60 percent of the blame to Dr. Montgomery and 40 percent of the blame to a nurse and the hospital. The lawsuit was filed following complications during the birth of Mrs. Maria Graciano’s daughter in May 2005.

Dr. Montgomery was Mrs. Graciano’s treating physician during the birth, and the lawsuit filed against her states the doctor was negligent in her medical duties. The document also states that Dr. Montgomery examined Mrs. Graciano only once during 27 hours of delivery, despite several calls from staff that aid was necessary.

The child suffered permanent brain damage and blindness as a result, among other permanent injuries.

On behalf of the Gracianos, Gary Green sought compensation for pain and suffering, medical expenses, economic loss, in-home assistance for the child, and punitive damages for the gross negligence of Dr. Montgomery and the hospital staff.

The $6 million verdict is thought to be the largest civil verdict ever awarded in the county.

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