10/31/18: We Don’t Have to Live With the Verdict

In the State of Arizona, a legal precedent was set where a doctor can go drive a vehicle, be involved in an accident, have a blood alcohol contact (BAC) of .38, and legally go operate on a patient 8 days later and be considered to be providing the Standard of Care (not sure what the Standard of Care is? Google it because no matter what state you live in, it is a term all medical personnel must follow). Today, a jury of 9 people decided that Dr. Jon David Brown was not liable for complications that have resulted in my wife Leah contracting what is called Reflex Sympathetic Dystrophy (RSD), following a surgery he performed on April 24, 2009, 8 days after he was involved in a single vehicle accident where his BAC was measured at .38.

Leah, my kids and I are not asking for sympathy. You don’t need to apologize. We are dumbfounded, disappointed and yes, admittedly angry, at the verdict handed down by this jury. If you are also, then please do me a favor, read this, even share it, not for the attention, but for people to get informed and take action. 

Leah has an incurable nerve disorder, RSD, from complications from that surgery, that the pain often can leave her in tears, couch ridden, etc. She does not have cancer. She doesn’t have a medical issue that will kill her. She has something together as a family, lead by Leah’s courage, we have learned to overcome. RSD has not beat us. Certainly a doctor who accepted zero responsibility for his behavior up to and on the day of the surgery 9.5 years, who was not held responsible by a jury of peers, will never beat this McMullan family.

You may ask how in the heck does this happen? I don’t know. Those of you that know me well know that I specialize in giving presentations, convincing presentations. Our legal team was outstanding; I can’t thank Jeff Bouma and his team enough. I wouldn’t change a thing he did. Not one.

So how did it happen?  I could spend a ton of time giving possibilities. I won’t. I will have the rest of my life to debate this and as a family, we will certainly discuss for some time to come. But, prior to the verdict being read, Leah and I had a private moment where we said no matter what, we loved each other and no doctor, jury nor verdict will change that. This verdict makes our bond and our family, even stronger.

Today, we left our home with nothing from Dr. Brown. Today, we returned to our home with nothing. Nothing gained, nothing lost. Yes, a demoralizing mental defeat that won’t go away soon. However, Leah and I have put some things in perspective in this trial that lasted 9 days.

Leah and I came home to our beautiful home tonight. When this all started in 2009, this surgery snowballed us in to financial ruin. It lead to us having to sell the home for pennies on the dollar - we didn’t lose it - but we essentially gave away the home we spent the majority of our time raising our kids in. With the help of several people, our extended family and my amazing teammates at our family business, Leah and I have rebuilt. 

No, we are not completely recovered, but we certainly have done something that few families who faced complete financial ruin do, we have risen up. We have stuck together. Our marriage has been challenged unlike any time together but we are together and stronger than ever. We have four amazing daughters who had to endure the pain of seeing their Mom go from the Energizer Bunny, as even described by the infamous Dr. Brown in his testimony, to someone who daily doesn’t know how much pain she will be in. It isn’t if, it is only how much pain she will have. My kids have persevered, took care of each other, Leah and have supported me doing what I needed to for us to financially rebuild.

As a family, we have overcome this and are stronger than ever. This verdict stings. It f***** sucks to be honest. But, know this fact: Dr. Brown is broke, he stated it openly in court. We would gain nothing from him even with a significant punitive judgement award. He was not insured at the time of the surgery in 2009. Thus, we would have been spending more and more money to pursue a man who has nothing or would do everything to do as he has done to date, play the system to hide whatever little assets he has left. And so, consider the reality of today.

Dr. Brown is going home and if you don’t like this, I am sorry, but he has burned through multiple marriages, his money, his homes and numerous other things. He is going home to his crap life. I come home to a beautiful home we worked hard to get, I have a beautiful and amazingly courageous woman as a wife, I have four successful and happy ladies, I have 3 great dogs and an amazing career with people I love to work with and clients who are amazing people and friends.  

Most importantly, the verdict may not have been what we want, but my wife Leah won. She sat on the witness stand for nearly 8 hours facing question after question. She was aggressively confronted by Dr. Brown, who spent hours trying to trick her, break her, get her to crack and say something he could point to and say “she is lying”. He failed. Leah won. Leah stared that bastard right in the eyes time after time and time, told the truth, in a calm manner, and never once cracked. She stood her ground so much that when it came time for me to be on the witness stand, he had essentially no questions of substance.  

Know this as you sit tonight Dr. Brown sipping your Vodka: Leah kicked your ass in the courtroom. You tried everything possible and you couldn’t break her unlike you did when you had her unconscious body on an operating table 9.5 years ago impaired out of your fricken mind. In my 27 years of knowing her, I have never been so proud of her and in awe of her courage.

Dr. Brown, you got away AGAIN with beating the system. However, our case opened up more legal issues for you and your 3 other pending malpractice lawsuits got armed with a whole bunch of admitted legal precedents that they will be used to hold you accountable. Tonight you are probably drunk as a skunk again, sitting in your empty home, with your personal and family problems that you articulated in your closing argument, with no money, no future, no wife and whatever else, get used to that empty feeling because the legal precedents set will nail your ass to a fence post in those 3 cases. Your day is coming.  

Arizona residents, you better pay attention and start asking the questions I have listed on our website, www.LeahsLaw.org. Are you insured? Are you sober? Have you been involved in any alcohol related accident at any point in the recent past? Can I see your medical records with the medical board? If you do not, you will have zero protection in the court system and a verdict dated 10/31/18, will be a legal precedent that will stop you from collecting any damages. ASK. THE. QUESTIONS.

Leah and I are not sure of what if any legal steps will be taken further. We are going to invest immediate energy in to getting Leah a new nerve stimulator approved by insurance that she loved a few years back. We will continue to work on the activism we started with Leah’s Law. Please support us as we start rolling out initiatives. Please share this post so that people are informed and take action. We are going to get laws changed but we will need help.  Together......We will change the world.

We are ok. We are angry and shocked but rest assured, we are ok. I have a beautiful and amazing family. I consider myself the luckiest man alive. Our family and I want to thank everyone who has supported us in some way along this journey. We wouldn’t have made it back without you.  

Last, I saw the movie A Star is Born a few weeks back. The last song really stuck with me, I’ll Never Love Again. Why? The words really have hit home with me. The morning of April 24, 2009, I went home before Leah went in to the operating room; MacKenzie had surgery earlier that week and given Dr. Brown was late getting to Gilbert Mercy, we didn’t want to leave MacKenzie sit by herself that long. I gave Leah a hug and kiss and off I went. Little did I know that it was the last time I was hugging/kissing goodbye to the person I have cherished since the first day I met her, living a pain-free life. I melted down yesterday morning on a run wishing I had.

Don’t miss a day to tell someone you love them. Don’t let Leah’s pain go in vain. Take action to protect your rights as a patient. Support our law as we get it pushed to get done. And always give the people you love hugs and kisses and tell them you love them. You never know how life can be changed.

Love to all. Let’s change the world together.