The Court of Appeals of Georgia on Oct. 14 upheld the dismissal of a medical malpractice contribution lawsuit that Atlanta spine surgeon James Chappuis, MD, filed against Emory Healthcare and neurosurgeon Daniel Refai, MD.
According to court documents obtained by Becker’s, Dr. Chappuis performed spinal surgery on Cindy Davis on April 23, 2019. She later developed complications and went to Emory University Hospital in Atlanta, where Dr. Refai operated on her May 9 and May 13, 2019. Ms. Davis sued Dr. Chappuis in February 2020. She died that June, and her estate added a wrongful death claim.
In July 2024, a trial court struck Dr. Chappuis’ answer and entered a default judgment against him. The court found repeated willful failures to produce documents and said he gave false and deliberately misleading sworn testimony. Two days later, Dr. Chappuis and his affiliated companies filed for Chapter 11 bankruptcy. The companies included James L. Chappuis, M.D., P.C., and Atlanta Orthopaedic Surgery Center. . During the bankruptcy, they settled with the Davis estate for $6.8 million, the Daily Report reported Oct. 16.
The Chappuis parties sued Emory and Dr. Refai on Dec. 10, 2024. They argued Dr. Refai’s own malpractice contributed to Ms. Davis’ injuries and death. Georgia’s five-year statute of repose had already run out on Sept. 13, 2024, even after a four-month COVID-19 emergency extension.
The appeals court rejected the argument that federal bankruptcy law paused the deadline. It ruled that by voluntarily dropping the bankruptcy case, the Chappuis parties gave up that protection.
The court also upheld the trial court’s refusal to backdate the filing to Dec. 9, 2024, when an earlier attempt was rejected for unpaid fees. The trial court had cited the plaintiffs’ “failures to exhibit even slight diligence.”
Presiding Judge Amanda Mercier wrote the opinion. Chief Judge Trenton Brown and Judge Brian Epps concurred. Becker’s has reached out to Dr. Chappuis and Emory and will update this story if more information becomes available.
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