It took a jury less than an hour to find an Alabama doctor liable for the death of 71-year-old Anne Davis, who died after suffering severe pain following gallbladder surgery. On Sept. 17, the jury awarded $6 million to Davis’ family after a six-day trial in Houston County, according to a news release from the law firm Hare Wynn, which represented the family.
The tragic incident began in September 2017, when Davis underwent gallbladder surgery and was released to recover at home. Shortly afterward, she began experiencing extreme stomach pain, despite taking painkillers prescribed by her surgeon at Wiregrass Surgical in Dothan, the family’s lawsuit claims. When her husband, Billy Davis, called the clinic to report her symptoms, he was told the pain was to be expected, he reported. The Miami Herald.
As the pain intensified, Billy Davis took Anne to the clinic, where she was treated by Dr. Bradley T. Marker, his surgeon’s partner, who was out of town. Marker assured the couple that the pain was “normal” and prescribed a different medication, according to the lawsuit. “He told my dad it was OK to send my mom home, and then he sent him away,” his daughter, Betsy Davis Swihart, recalled in an interview.
However, Anne’s condition worsened and she was later rushed to the emergency room. Marker attended to her at 2:37 a.m. on September 23, 2017, and found her abdomen was “filled with bile.” Tragically, Anne Davis died within hours.
Following her death, her husband filed a wrongful death lawsuit against Wiregrass Surgical and Dr. Marker. The clinic and Marker’s attorneys did not immediately respond to requests for comment.
“My father would have done anything to help my mother,” Swihart said. In the years following her mother’s death, her father developed dementia and passed away in August. “It’s heartbreaking to know that other families have gone through the same thing,” she said, adding that her family continued the legal fight even after her father’s death in the name of justice.
During the trial, attorney Leon Ashford revealed that Marker initially documented in his medical records that it was safe for Anne Davis to return home. However, when he later saw her seriously ill in the hospital, he attempted to change his story, claiming that she had refused to go to the hospital earlier that day. “The jury didn’t believe that,” Ashford said.
Attorney Ashley Peinhardt, who also represents the family, said Marker admitted during cross-examination to trying to “paint a different narrative” to protect herself. The jury’s quick decision was a victory for the Davis family, though Swihart stressed that “no amount of money will bring her back.”
