$75M Verdict After Chiropractic Stroke Left Man Locked-In

Jonathan Buckelew received his first stroke treatment almost 24 hours after he arrived at the emergency room. By then, the damage was done. He was 32 years old, and he has not spoken or moved on his own since.

It started with a routine chiropractic neck adjustment. When the chiropractor, Michael Axt, D.C., asked Buckelew to sit up after the procedure, Buckelew reported feeling dizzy and disoriented. He was taken to North Fulton Regional Hospital in Roswell, Georgia, where imaging confirmed he had suffered a brain stem stroke. What followed was a cascade of missed communications that a jury later determined caused his complete and permanent paralysis.

What the ER Doctors Missed

A radiologist, Dr. James Waldschmidt, interpreted imaging that showed a potential vertebral artery dissection, a tear in one of the arteries supplying blood to the brain stem, a known risk associated with cervical manipulation. That finding was never fully communicated to the on-call neurologist during a phone consultation. The neurologist was not told about the chiropractic manipulation or the signs of artery dissection in Buckelew's neck. Without that information, the window for effective treatment closed.

The jury in Fulton County State Court assigned 60% of fault to emergency room physician Dr. Matthew Womack and 40% to Dr. Waldschmidt. The verdict totaled $75 million, including $29 million in medical expenses and $46 million in non-economic damages. Attorneys Laura M. Schamp and Lloyd Bell of Bell Law Firm called it the largest ER malpractice verdict in Georgia history.

Life With Locked-In Syndrome

Locked-in syndrome leaves patients fully conscious and cognitively intact while being almost entirely unable to move or communicate. Buckelew can blink and use his nose to type on a keypad. His home has been restructured around his condition. His family and a team of nurses care for him around the clock. His father, Jack Buckelew, described his son's spirit as something that keeps the family going, while acknowledging the weight of the hardest days. "There are some days where he's like 'pull the plug,'" Jack said. "Those are the tough days."

The Verdict and What Came After

The jury returned its verdict in October 2022 in Case No. 17EV004146. Efforts to overturn or reduce the award continued through the courts. The Georgia Supreme Court denied a final request to revisit the case. The $75 million verdict stands.