Jury awards $2.2M to couple in negligence verdict
Published 5:48 pm Friday, June 3, 2016
A Warren County jury awarded more than $2.2 million to a couple who accused two doctors of negligence following the husband’s loss of his right leg below the knee when he developed complications during a pre-operative procedure ahead of a scheduled knee replacement surgery.
In a 9-3 verdict in Warren Circuit Court, the jury found May 24 that Scott Harris, a cardiovascular specialist who worked at Graves-Gilbert Clinic, failed to exercise the care and skill expected of a reasonable doctor during a coronary angiogram performed on Robert Firkins in 2012.
The Firkinses sought $5 million in damages and were awarded $1.25 million for pain and suffering and $781,986 for medical expenses. The jury also awarded $250,000 to Louise Firkins for loss of her husband’s companionship as a result of negligence.
The Firkinses, both of Edmonton, brought the medical malpractice suit against Harris and Graves-Gilbert cardiologist Allan Pribble in 2013 in Warren Circuit Court.
Jurors found that Harris acted negligently, but Pribble was cleared of liability by a 10-2 verdict of the same jury.
According to the lawsuit, Robert Firkins had been recommended by another doctor to undergo knee replacement surgery after complaining of right knee pain.
Firkins was asked to get clearance from Pribble before the surgery. Following a cardiac evaluation, Pribble concluded Firkins had no cardiac symptoms but ordered tests because he determined Firkins was sedentary, court records show.
Pribble referred Firkins to Harris for a coronary angiogram after tests indicated a possible blockage in his coronary arteries. The blockage was determined later to be a “false positive,” according to court records.
The angiogram revealed no blockage after 16 minutes, but the procedure was continued for another 74 minutes.
After the procedure, blood clots had developed and migrated to Firkins’ right leg, blocking the blood supply there and leading to an amputation of his leg below the knee. Firkins also experienced a worsening of his kidney disease following the procedure, and he continues to be on a dialysis regimen, court records show.
The Firkinses, who were represented by Louisville attorneys Martin Kinney and Liz Shepherd, blamed Harris and Pribble, accusing them in court documents of negligently performing a procedure that turned out to be unnecessary.
The doctors contended that the cardiac clearance was necessary for Firkins to undergo the knee replacement surgery and the tests performed on him ahead of the scheduled surgery were standard.
The doctors did not deviate from the standard of care because the procedures were properly performed and Firkins consented to the angiogram knowing that a clot formation was a risk of the procedure, attorney Hamp Moore of Bowling Green argued in court documents.
— Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.