Date: 09-30-2011

Case Style: Todd Ernest Hague v. Mercy Hospital

Case Number: CJ-2009-1188

Judge: Daniel L. Owens

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Benjamin J. Butts and Perry T. Marrs, Jr.

Defendant's Attorney: Blaine R. Boyd and L. Earl Ogletree for John S. Gilliam, M.D.

Michael J. Heron, Cody J. Roberson and Christopher Fox for Mercy Hospital

David K. McPhail and Steven J. Johnson for Kerby Lamb, D.O.

Description: Todd Ernest Hague sued Mercy Hospital, Kerby Lamb, D.O., and John S. Gilliam M.D. on medical negligence (medical malpractice) and loss of chance theories claiming that he received substandard care in 2007 when he sustained a severe disabling neurological injury and was treated at Southwest Hospital in the emergency room in Weatherford and Mercy Hospital in Oklahoma City.

Plaintiff was taken to Southwest Hospital emergency room in Weatherford, Oklahoma on February 12, 2007 after developing right-sided weakness and aphasia. An appropirate wrokup to determine whether Mr. Hague met the criteria for stroke treatment which, in 2007, included intravenous thrombolytic therapy, intraarterial thrombolytic therarpy and clot retrieval. IV thrombolytics are normally administered within three hours of onset of symptoms and IA thrombolytics within six hours. It was established that Plaintiff met the criteria for IV thrombolytic therapy within the three hour time frame but the treatment was not given. Instead, Plaintiff was transferred to Mercy Hospital in Oklahoma for IA therapy. Plaintiff claimed that the care and treatment provided by him by Dr. Lamb fell below the standard of care in February 2007.

Defendant Gilliam admitted that he treated Plaintiff on February 12, 2007 but denied that any care provided by him fell below the standard of care.

Defendants all moved for summary judgment. The motions of Dr. Gilliam and Mercy Hospital were sustained.

Outcome: Settled for an undisclosed sum and approved by the Court.

Plaintiff's Experts: Dr. Philip Gorelick, Chicago, Illinois, neurologist; Hope Wade, Edmond, Oklahoma, life care planner, Wil Clark, Oklahoma City, Oklahoma, economist

Defendant's Experts:

Comments: Dr. Marilyn Rymer, Kansas City, Missouri, neurologist; Dr. David T. Overton, Okemos, Michigan, Dr. Roy L. Goddard, Jr., Edmond, Oklahoma