LAWRENCEVILLE -- The family of a Lawrenceville man who died while engaged in a threesome has been awarded $3 million in a medical malpractice lawsuit.
According to information released by Atlanta law firm Edmond and Lindsay, the 31-year-old father of two visited a Gwinnett cardiologist in March 2009 complaining of "increasing episodes of new chest pain that radiated into his arm." The cardiologist, Dr. Sreenivasulu Gangasani of CardioVascular Group, determined that the man was at "high risk" of having clogged heart arteries and ordered a nuclear stress test to be done eight days later, the firm said.
One day before the scheduled test, the man, William Martinez, was "engaged in a threesome where both he and a friend had sex with a woman, who was not his wife."
He died shortly afterward.
Attorneys Rod Edmond and Tricia Hoffler, representing the man's widow and children, argued in Gwinnett State Court that Gangasani was negligent and should have had Martinez tested and treated immediately. A jury agreed Wednesday and awarded the family $5 million, with ultimately resulted in a $3 million net verdict.
"Our case was strong on the medicine but the case was particularly challenging due to some extraordinary and sensational facts surround the victim's death," Edmond said in a statement.
During the trial, the defense asserted that Martinez should have at least been told to avoid physical exertion. Attorney Gary Lovell, who represents Gangasani and CardioVascular Group, said the defense contended that Martinez was in fact "instructed to avoid exertional activity until after the nuclear stress test was completed."
Lovell said they plan to appeal the verdict.
"On behalf of our clients, we will be pursuing post-judgement motions with the trial court and, at the appropriate time, further appeals of the case as necessary," Lovell wrote in an email.