$16.1 Million Verdict for Man Left With Permanent Brain Damage After Bile Leak Went Untreated
Won by Matt Hardin Law.
A Davidson County jury awarded $16,111,643 to Justin Bing, a 26-year-old Nashville marketing manager who suffered cardiac arrest, strokes, and permanent hypoxic brain damage after two physicians failed to recognize and treat a bile leak that developed following routine gallbladder surgery.
What happened
Justin Bing was 26 years old and working as a marketing manager in Nashville when he checked into Tristar Skyline Hospital for what should have been a straightforward cholecystectomy. The gallbladder surgery itself went forward without incident, but in the days that followed, a bile leak developed and went unaddressed. Bile accumulated in his abdomen, then began leaking externally. His condition deteriorated into sepsis.
The septic cascade triggered a cardiac arrest. By the time the medical emergency resolved, Bing had also suffered cerebellar strokes. The cumulative damage left him with permanent hypoxic brain injury, a condition his legal team characterized as entirely avoidable had his treating physicians recognized the warning signs and intervened.
Matt Hardin, working alongside co-counsel Patrick Shea Callahan, brought claims against Dr. Roger Nagy and Dr. David Bentley, the two surgeons responsible for Bing's post-operative care. A third defendant, gastroenterologist Dr. Gaffney, was exonerated by the jury. The hospital had settled separately before trial, with fault later apportioned at 30 percent against it.
After a three-week trial in the 5th Circuit Court in Nashville, the jury deliberated for roughly eight hours before returning a verdict of $16,111,643. The jury allocated 35 percent fault to Dr. Nagy and 35 percent to Dr. Bentley. The award combined economic damages for Bing's past and future medical care with substantial non-economic damages and a loss-of-consortium award for his wife. Hardin told reporters the jury 'was able to see there was negligence here and put a value on the case that merits what his injuries were.'
The verdict was described by NewsChannel 5 as the largest jury award in a medical malpractice case in Nashville at the time. Tennessee imposes a statutory cap on non-economic damages in civil cases, and the parties anticipated post-verdict motions, including potential collateral source deductions, before a final judgment figure would be set.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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