Wednesday, March 10, 2010
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Jury Awards Wichita Man $9.8 Million PDF Print E-mail

Michael Schwanke (Wichita, KS)

Kyle Jim was 11-years-old when he went to Via Christi St. Francis Emergency Room in 1996 with fever, rash and headache.

It turns out Kyle had Rocky Mountain spotted fever he contracted from a tick.

Doctors misdiagnosed Kyle and didn't get him the right medication soon enough.

Because of the misdiagnosis, both of Kyle's legs had to be amputated, plus four fingers on one hand, and his index finger on the other. He also lost his hearing, speech and has brain damage.

His attorney says today's verdict is a big win for Kyle and his family and brings awareness to a treatable disease.

"This is a disease that was cured by American medicine and considered to be a triumph of American medicine. Kyle should not be in this condition and Margie (Kyle's mom) shouldn't have to suffer like she has," says attorney John Sheehy who worked with Patterson, Gott & Burk.

Of the $9 million awarded, more than $5 million was for pain and suffering, but Kyle's attorneys say Kansas law caps that amount at $250,000.

They will fight to get the law changed.

Via Christi gave the following response to the verdict"

"As a healthcare ministry whose sole purpose is ensuring that everyone has access to quality care, we understand why anyone would find this rare instance of a missed diagnosis with a catastrophic outcome heartbreaking. However, we were surprised by both the amount of the jury award and by its finding as to the degree of fault attributed to the hospital in this now a 12-year-old case," says Gary Knight, General Counsel, Via Christi Health System.

 

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