A Fulton County jury awarded $15 million in a medical malpractice case arising from care provided to retired Army veteran Byung “Ben” Oh after an April 2018 fall that led to hospitalization at WellStar’s Atlanta Medical Center. The verdict, reached Aug. 4, found liability split between the hospital-side defendants and a radiology provider group connected to an interventional radiologist involved in catheter placement. The plaintiffs were Oh’s widow, Myung Ja Oh, and their daughter, Susan, who alleged that a series of clinical and coordination failures contributed to a worsening chyle leak, followed by sepsis and multiorgan failure. Oh died in July 2018, and the jury’s award included separate amounts for the value of his life and for pain and suffering.
Catheter Placement Allegations and the Claimed Progression of Harm
Court filings and plaintiff statements centered on a suprapubic catheter placed during the course of treatment after Oh’s spine surgery, which was followed by a chyle leak. A chyle leak was described as a rare but serious condition in which lymphatic vessel damage allows milky white fluid to spill into surrounding tissue. The plaintiffs alleged that radiologist Barry Jeffries, MD, improperly positioned the suprapubic catheter outside the bladder, and that the placement worsened the leak rather than addressing it. Jeffries was working at the time for Lawrenceville, Georgia-based Diagnostic Imaging Specialists, which was contracted by Wellstar.
The claimed consequences were framed as both immediate and cumulative. Plaintiff attorneys asserted that incorrect draining continued for 11 days and that 87 liters of chylous fluid were emptied from Oh’s body during that period. They further alleged that the catheter’s position increased the risk of immune-suppression and heightened vulnerability to infection. Oh later developed septic shock and multiorgan failure, and he died in July 2018. The plaintiffs also contended that providers did not appropriately investigate the catheter mistake or identify it in time to prevent the deterioration they attributed to the error.
Imaging Documentation Dispute and the Timing of Discovery
A central factual dispute involved what imaging was used or recorded in connection with catheter placement. In the original complaint, the plaintiffs alleged that the radiologist either did not perform contrast imaging or did not record it to support proper placement. They contended that only two images were documented, described as X-rays that could not confirm whether the catheter tip was located inside the bladder. Those allegations were used to support the broader claim that the catheter was not positioned with adequate confirmation.
Plaintiff allegations also focused on later imaging that, they argued, demonstrated misplacement. A subsequent pelvic CT scan with contrast showed the suprapubic catheter had been placed superior to the bladder rather than within it. The plaintiffs maintained that the misplacement should have prompted timely recognition and corrective action, and that the failure to investigate the ongoing fluid loss contributed to a delayed response. Their position also tied the imaging timeline to systemic care coordination, contending that warning signs of deterioration were not acted upon while the fluid loss persisted.
Verdict Allocation, Damages, and Post-Verdict Positions
The Aug. 4 verdict allocated fault across two sets of defendants. The jury assigned 67.5% responsibility to surgeon Amy Wyrzykowski, MD, and Wellstar Medical Group, and 32.5% to radiologist Barry Jeffries, MD, and Diagnostic Imaging Specialists. Damages totaled $15 million, with $13 million awarded for the full value of Oh’s life and $2 million for his conscious pain and suffering, according to a post-verdict announcement by Bell Law Firm, which represented the family. The plaintiffs’ theory of liability included allegations that Dr. Wyrzykowski did not adequately investigate the nature and cause of the ongoing fluid loss and did not ensure that it was properly addressed.
Wellstar responded to the ruling through a statement attributed to Matthew O’Connor, the system’s executive director of public relations. The system stated that it believes patients should receive high-quality care and patient experience, and that an internal investigation concluded the care team followed appropriate protocols and correctly implemented the prescribed procedures in a medically complicated case. The system also stated it was saddened to learn of Oh’s death after he left its care and extended condolences to his family. The radiologist was reported as not immediately reachable for comment at the time of publication.
