A jury deliberated three hours before returning with a $2.3 million verdict against a Tooele doctor accused of medical malpractice.
The jury on Thursday awarded just over $1 million for past and future medical expenses and $1.25 million for pain and suffering to the parents of a now 2 1/2-year-old boy delivered by Dr. Grimislav Gregory Drezga.
Attorneys Bradley H. Parker and James W. McConkie argued at trial that Drezga applied forceps to Athan Montgomery's head with such force that he fractured the baby's skull, causing minor brain damage and paralysis on the left side of his body. The delivery attempt was unsuccessful and the baby was eventually delivered by Caesarean section.
Drezga was an obstetrician/gynecologist at Tooele Valley Regional Medical Center at the time, but has since "disappeared," Parker said. Drezga was not present for the three-day trial, although he was represented by an attorney hired by his insurance company.
Tooele Valley Regional Medical Center was also named in the suit, but the jury found it played no negligent role in the incident.
According to testimony by the baby's grandmother and great-aunt, who were in the delivery room on May 15, 1997, Drezga was "yanking" so hard on the forceps that he almost pulled the baby's mother off the hospital bed. Witnesses also testified the doctor pulled so hard that the forceps came apart and he fell backward.
"The testimony was clear and undisputed that he applied so much pressure on the forceps and pulled so hard that he fractured this little baby's skull," Parker said.
According to Kim Morris of the Department of Occupational and Professional Licensing, Drezga's medical license was revoked in February 1998.
Athan Montgomery has suffered multiple seizures since his birth. The little boy also has cognitive and speech difficulties, and will be required to undergo multiple forms of therapy for much of his life.
"The jury was asked to provide sufficient funds for this little boy to receive . . . the assistance that he needs to optimize his chances in the future of being able to live independently," Parker said. "To grow up and graduate from high school and live on his own."
Attorney David Flagle's defense was based solely on medical records and focused on the family's monetary needs.
"We agreed that the child was hurt; the issue was the extent of damage and how much money it would take to optimize his recovery," Flagle said. "The child is really doing very, very well."
The $2.3 million is a compromise of both sides, Flagle said.
A separate lawsuit is pending in 3rd District Court between Drezga and his insurance agent, The Doctor's Company. The insurance company has requested a determination of whether it owes Drezga coverage and if it is liable for the judgment in this case.
If a judge rules in favor of the insurance company, payment of the verdict may be a long time coming. Flagle said his client, whom he has never met, may not even be aware of the lawsuits against him.
"Rumor has it he went back to Eastern Europe, where he was trained, but we don't know that."
E-MAIL: awelling@desnews.com