Date: 09-30-2010

Case Style: Andrew Chambers v. Kyle W. Toal, M.D.

Case Number: CJ-2007-6100

Judge: Daniel L. Owens

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Kenneth Coe and David Thomas, Thomas & Terrell, Oklahoma City, Oklahoma

Defendant's Attorney: Jennifer Annis and Michael Scoggins, Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile,Tulsa, Oklahoma for Kyle W. Toal, M.D.

Description: James and Debbie Chamber, individually and on behalf of Andrew Chambers, sued Dr. Kyle W. Toal, M.D. on a medical negligence theory (medical malpractice) claiming on May 1, 2004, Andrew Chambers was injured in an automobile accident and was treated by Dr. Toal and others. Plaintiffs claimed that Dr. Toal acted below the standard of care when he failed to diagnose and treat the ruptured aorta that he had sustained in the accident for 24 hours. The further claimed that n surgery to repair the ruptured aorta was performed but upon recovery it was found that Andrew was paralyzed form the the thoracic region downwards.

Dr. Toal denied that he acted below the standard of care that he provided to Andrew Chambers.

Outcome: Defendant's verdict.

Plaintiff's Experts: Louis F. Silverman, M.D., Houston, Texas

Defendant's Experts: Dr. James Counce, M.D.

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