Appeals Court Orders Knoxville Medical Malpractice Case to Be Retried

In a June 2012 news posting, the Knoxville News Sentinel reported that the medical malpractice appeal brought by James and Katherine Mayo concerning their brain-damaged daughter, Zona, will be retried due to a reversal by the Tennessee Court of Appeals.

Mistakes made by a Knox County Circuit Court judge influenced the Court’s decision that the Mayos “were denied a fair trial (and are) entitled to a new trial”.

The original complaint was filed by the Mayos on behalf of their daughter. They claimed that a delay in delivery caused a lack of oxygen, resulting in brain damage and other medical conditions. The jury ruled that the defendants, Dr. Donna L. Shine, Fort Sanders Obstetrical and Gynecological Group and Fort Sanders Regional Medical Center, were not guilty of malpractice.

However, the appeals court ruled that four mistakes made in the case by Circuit Court Judge Harold Wimberly necessitated a new trial. These mistakes included:

  • “Placing an improper time limit on cross-examination of Shine.”
  • “Allowing evidence that Katherine Mayo returned to Shine for care in a subsequent pregnancy.”
  • “Letting defense lawyers twice refer to the fact that one of the Mayos’ lawyers was from out of state.”
  • “Making a comment, heard by jurors, that could have been interpreted as a suggestion that part of the case was a waste of time.

One of the lawyers representing Shine and the other defendants said that they were disappointed in the reversal.

However, the Mayos’ attorneys expressed pleasure at being given another chance to prove that Tennessee medical malpractice had occurred.

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