Published: October 14, 2008 02:07 pm         

Rowan jury awards $1.5 million

A civil verdict awarded a Morehead woman $1.5 million on behalf of her daughter against a local physician.

On Sept. 11, a Rowan County jury voted that Dr. Nancy J. Henly, a physician who works at Morehead Clinic, was 40 percent at fault in the medical care of a minor child, Andrea Dawn Smith.

It also ruled that St. Claire Regional Medical Center was 60 percent at fault. SCR was originally named in the lawsuit but was not represented at the trial because it had been dismissed as a party prior to the trial. Their part of the judgment is moot, according to attorney Ira Kilburn of Salt Lick who represented the plaintiff in the case. SCR was included in the jury instructions for comparative fault, Kilburn said.

Ten jurors awarded the Smith family $20,000 for reasonable medical expense and $1.5 million for mental and physical pain and suffering. Jurors voted unanimously 12-0 that Rachel Ann Smith, Andrea’s mother, did not fail to comply with her duties as set out in jury instructions.

The trial lasted four days.

A civil complaint was filed Jan. 21, 2004 by Kilburn on behalf of Rachel Ann Smith, individually and as parent of Andrea Dawn Smith, and Tyrone Keith Smith against SCR, Henly and Morehead Clinic. The lawsuit said 21-month-old Andrea Smith was harmed by a doctor’s failure to diagnose or timely treat an intussuception resulting in emergency surgery for repair and removal of a compromised bowel.

According to the Web site WebMD.com, an intussuception is a condition that develops when one part of the intestine folds into itself, like a telescope. It is the most common cause of intestinal blockage in children age 2 and younger, according to the Web site.

The lawsuit sought damages for physical and emotional pain, suffering and distress, past, present and future personal injury, permanent disfigurement, wage loss, future medical costs and $28,763.46 in past medical expenses.

In her defense, Dr. Henly’s attorneys said she met all the appropriate standards of care and that the parents contributed to the negligence. Two physicians testified that Dr. Henly acted as a “reasonable” pediatrician, took appropriate medical history and conducted an appropriate physical exam of Andrea.

The following information is taken from court records:

Court records said Andrea Smith was seen at the SCR emergency room on Jan. 24, 2003 with complaints of vomiting earlier that morning, crying throughout the night and by history “holding her stomach since 3 p.m.”

Fluids and antibiotics were given. Andrea was sent home after several hours and her parents were told to return her to the ER if the symptoms persisted or did not improve.

Three days later on Jan. 27, 2003, at 12:46 p.m., Andrea was taken to the ER and according to her mother, she was still vomiting and not able to keep her medications down.

The ER physician notified Dr. Henly, the pediatrician on call who admitted Andrea. Dr. Henly admitted her for observation, IV fluids and further evaluation. An acute abdominal series of X-rays was ordered. At approximately 6 p.m. on the same day, Dr. Henly reviewed the X-rays with the staff radiologist, who concluded a probable gastroenteritis but advised continued watching.

Before 8 a.m. the next morning, Dr. Henly made hospital rounds and evaluated Andrea. Nurses said Andrea had continued to vomit, some of it brown in color, and Dr. Henly ordered a second set of acute abdominal X-rays as well as calling for a general surgery consult.

Within an hour of the consult, Andrea was being evaluated by the general surgery resident who saw vomiting of what appeared to be fecal matter. The surgical resident consulted with his attending surgeon who advised transportation to UK Medical Center for immediate evaluation and probable surgery. Andrea was taken to UK at 1 p.m. on Jan. 28 and later operated on.

It was determined that she had suffered an intussusception of the bowel, which resulted in removal of some of her bowel.

Defense attorneys said Andrea was cared for in the intensive care unit then on the pediatric floor and discharged. To their knowledge, through communication from the general surgeon at UK, Andrea was doing well upon her discharge from UK.