$1.5 Million Verdict
The plaintiff was the mother of an 18-year-old man who died after an asthma attack. She sued two ambulance services, a hospital, and the city of Sarcoxie.
The incident happened on Aug. 22, 1995, when the man and his mother were eating at a restaurant in Sarcoxie. The man began to have a severe asthma attack, and an ambulance was called. Elk River Ambulance, a basic life support service, responded to the call. Upon arrival at the restaurant, the emergency medical technicians found him to be in severe respiratory distress.
During the trip to St. John's Regional Medical Center approximately 27 miles away, the Elk River Ambulance called for an intercept with Joplin Emergency Medical Services, which had advanced life support ambulances. The intercept was made on Interstate 44 outside of Sarcoxie. While at the intercept location, paramedics from JEMS came aboard the Elk River Ambulance and assumed care of the patient. The ambulance stayed at the side of the road for a disputed length of time while the paramedics gave the man a breathing treatment. The ambulance then left for the hospital. While en route, the man's condition worsened, and he was given a second breathing treatment. He "coded" approximately three blocks from the hospital. He was kept alive on a ventilator for two days, and then died.
The plaintiff claimed that Elk River Ambulance failed to ventilate the man properly, and that the ambulance did not travel with lights and sirens and took 44 minutes to go 27 miles. The defendants denied the trip took 44 minutes. The plaintiff also contended that the ambulance should have gone directly to the hospital rather than arrange an intercept.
The plaintiff also claimed that the JEMS paramedics who assumed care of the man at the intercept point incorrectly diagnosed him to be in mild respiratory distress, although the EMTs from Elk River Ambulance had correctly diagnosed him to be in severe respiratory distress. She also contended that the emergency room nurse failed to ask questions to determine if the paramedics' assessment of the man's condition was correct. She said the man should have been treated with positive pressure ventilation, which would have forced air into the man's lungs and saved his life.
The plaintiff claimed that the hospital had no protocol about what information a nurse should collect from an incoming ambulance, and that a properly designed protocol would have led to correct treatment for the man during the ambulance trip that would have saved his life.
The defendants contended that the man was at fault because he didn't have his Epi-pin available, as the doctor had instructed him, had never filled a prescription for Beclovent, a steroid inhalant to be used every day, and did not have his Proventil inhaler with him, which he was to carry with him at all times. They said that he would have survived if he had had his medicines with him. They also noted that he had visited the emergency room five times between 1993 and 1995 because of asthma attacks.
As to damages, the defendants argued that the man made poor grades in school and had just learned that he would not graduate with his high school class because of his grades.
Each of the defendants submitted comparative fault instructions against the man, but the jury found JEMS to be 100 percent at fault.
Type of Action: Professional negligence
Type of Injuries: Death
Court/Case Number/Date: Jasper County Circuit Court/CV196-1792CC/Jan. 25, 2000
Caption: Burns v. Elk River Ambulance Service, et al.
Judge, Jury, or ADR: Jury
Name of Judge: William Carl Crawford
Special Damages Claimed: None
Verdict or Settlement: $1.5 million verdict
Allocation of Fault: 100 percent to Joplin Emergency Medical Services
Last Offer: $225,000
Last Demand: $500,000
Attorneys for Plaintiff: The Hershewe Law Firm P.C.
Attorneys for Defendants: M. Douglas Harpool and Michael Cordonnier, Springfield (Elk River Ambulance); Timothy M. Aylward and Sarah Fulkerson, Kansas City (St. John's Regional); Patricia A. Keck, Springfield (Sarcoxie)
Insurance Carriers: Savers (Elk River Ambulance); Ace Signa (JEMS); self-insured (St. John's Regional)
Plaintiff's Experts: Dr. Shane Bennoch, Ash Grove (emergency room physician); Dr. Philip Larson, Los Angeles (anesthesiologist)
Defendants' Experts: Dr. Mario Castro, St. Louis (allergist); Dr. Wayne Miles, Springfield (allergist); Dr. Frank Mitchell, Columbia (emergency room physician); Bob Page, Springfield (paramedic); Jason White, Kansas City (emergency medical therapist)
March 13, 2000
