Date: 12-01-2021

Case Style:

Amanda Hadley and Kreg Hadley v. Mercy Clinic Oklahoma Communities, Inc. and Genparth, a/k/a BioReference

Case Number: CJ-2018-521

Judge: Anthony L. Bonner

Court: In the District Court in and for Oklahoma County, Oklahoma

Plaintiff's Attorney: Heath Mitchell, 405-594-6800

Defendant's Attorney: John E. Hall, and Michael J. Heron for Mercy Clinic Oklahoma Communities, Inc.

James K. Secrest for Genpath.

Description: Oklahoma City, Oklahoma personal injury lawyer represented Plaintiffs, who sued Defendants on medical negligence (malpractice) theories claiming to have suffered more than $10,000 in injuries and/or damages as a direct result of having received substandard medical care.

Statement of the Case:

"The parties to this case are Plaintiffs, Amanda Hadley and Kreg Hadley, and the Defendants are Mercy Clinic Communities, Inc. and GenPath, a tradename for BioReference Laboratories, Inc.

In October 2015, Plaintiff, Amanda Hadley8, had a pap smear test performed at Mercy as a part of a battery of test for an initial prenatal care visit. Mercy sent the pap smear to a laboratory in New Jersey, BioReference Laboratories for possessin, interpreting, and reporting the test result.

Plaintiffs contend that both Mercy and BioReference Laboratories were negligent.

Plaintiffs contend that the negligence of the Defendants caused a delay in diagnosis of Amanda Hadley's condition.

Defendant Mercy and BioReference Laboratories deny that they were negligent in doing any of the things claimed by Plaintiffs, Amanda and Kreg Hadley.

Mercy claims the appropriate clinical response to a pap smear depends on the interpretation.

BioReference Laboratories contends that it appropriate reported Mrs. Hadley's abnormal pap smear result to Mercy and that Mercy received the result.

Both Defendants further deny that their claims is of any injury or damage in issue."

Plaintiffs pap smear and she had cervical cancer that was improperly diagnosed. The Plaintiffs lived in Texas. One the first pre-natal visit, they drove to Oklahoma City for have her initial care for a new pregnancy. The pap smear was sent to Mercy and the report was not integrated as a part of her records. She was told the test results were normal when it is not. Normal appearing cervix. Her baby was delivered vaginally and she did not bleed and could have been successfully treated. Fifteen months after the pap smear she starts having bleeding problems. An examination was performed and a 5 cm. tumor was growing out of her cervix. She was passed the point of being salvaging. Surgery, radiation and chemo. Very bad outcome.

Outcome: Dismissed as to Jessica Cunningham, D.O.

CASE COMES ON FOR 6TH DAY OF TRIAL; PLAINTIFF PRESENT WITH COUNSEL HEATHER MITCHELL AND STEVE HORTON; DEFENDANT MERCY APPEARS THROUGH COUNSEL CHRIS FOX AND NICHOLE HAIR; DEFENDANT BIO-REFERENCE APPEARS THROUGH COUNSEL JAMES SECREST AND CASEY O'SHEA; PARTIES ANNOUNCE READY; COURT READS JURY INSTRUCTIONS; CLOSING ARGUMENTS BY PLAINTIFF AND BOTH DEFENDANTS; JURY RETIRES TO DELIBERATE AT 12:30; JURY RETURNS WITH VERDICT AT 2:50; JURY VERDICT READ; WHTIE VERDICT FORM ASSESSING PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF 15% TO PLAINTFFS AMANDA HADLEY AND KREG HADLEY; 50% TO DEFENDANT MERCY AND 35% TO DEFENDANT BIO-REFERENCE; JURY ALSO AWARDS DAMAGES SUSTAINED TO PLAINTIFF'S AMANDA AND KREG HADLEY IN THE AMOUNT OF 7,500.000.; JURY POLLED AT REQUEST OF DEFENDANT BIO-REFERENCE; COURT RULES VERDICT PROPER AND SHALL BECOME JUDGEMENT OF THE COURT; COURT THANKS JURY FOR SERVICE AND GIVES DISCHARGE INSTRUCTION; JURY DISMISSED;
COURT ADJOURNED
COURT REPORTER- SHERROL LEDBETTER

Plaintiff's Experts: C. Allen Stringer, M.D.

Defendant's Experts: Harry Farb, M.D., Maria Abadi

Comments: Editor's comment: Mercy offered less than 10% of the verdict.