Zaytoun Ballew & Taylor, PLLC Wins NC Supreme Court Victory to Uphold $5.5 Million Dollar Jury Verdict in Medical Malpractice Case

On September 25, 2020, in Savino v. Charlotte-Mecklenburg Hospital Authority, the North Carolina Supreme Court issued a 5-1 ruling in favor of the Plaintiff in a medical negligence lawsuit, reinstating a $5.5 million dollar jury verdict that had previously been set aside by the North Carolina Court of Appeals.

The plaintiff in the case, Anthony Savino, died of a heart attack after the hospital prematurely discharged him from its emergency department. Savino’s estate brought a medical negligence action against the hospital on the theories that it was negligent in providing medical care and performing its administrative duties. The jury found the hospital acted with reckless disregard for the safety of the patient – a finding that obviated the statutory cap on damages – and awarded plaintiff $5.5 million in non-economic damages.

Zaytoun Ballew & Taylor, PLLC were engaged as appellate counsel to represent Mr. Savino’s estate before North Carolina’s appellate courts after appeals by the defense following the tremendous trial court victory by co-counsel Brown Moore & Associates, PLLC who obtained the $5.5 million dollar verdict.

Ultimately, the North Carolina Supreme Court ruled in favor of Zaytoun Ballew and Taylor, PLLC and Brown Moore & Associates, PLLC’s client and upheld the jury’s verdict. In a 5-1 opinion written by Justice Hudson, the Supreme Court upheld the $5.5 million verdict for non-economic damages. The Supreme Court further recognized that a claim for medical malpractice encompasses the theory of administrative negligence against a hospital, which protects patients who have been harmed by administrative hospital negligence in cases like Mr. Savino’s across North Carolina.

Above are pictures of attorneys Robert Zaytoun and Matt Ballew before making arguments in the Savino case at the North Carolina Supreme Court, and here is a copy of the Supreme Court’s opinion.