On September 30, 2011, the Superior Court of Dougherty County granted a new trial in favor of Defendants Phoebe Putney Memorial Hospital and Thomas Ungarino, M.D. At trial, the plaintiff claimed that the defendants were liable for the alleged wrongful death of her mother and obtained a verdict of $3 million against both defendants. Along with trial counsel, Carol P. Michel of Weinberg, Wheeler, Hudgins, Gunn, & Dial, LLC, Norman Fletcher, Bob Brinson, Frank Beacham, and Sam Lucas represented Dr. Ungarino in the post-trial proceedings. In the motion for new trial, counsel for Dr. Ungarino argued that the plaintiff had presented an improper theory of liability under Georgia law regarding informed consent. The trial court agreed, set aside the verdict and judgment, and granted a new trial.
Norman Fletcher argued the post-trial motions in front of Judge Stephen S. Goss on March 9, 2011 in Albany, Georgia. The case is styled Pruette v. Phoebe Putney Memorial Hosp. & Thomas Ungarino, M.D., Superior Court of Dougherty County, No. 04CV628-2.