Professional Negligence Law Reporter

Michael Davis consulted a nurse practitioner at CHI St. Alexius Health Williston when he experienced flu-like symptoms. A blood test indicated an elevated white blood cell count. Eight months later, he returned to the nurse practitioner, complaining of frothy urine. Testing showed an elevated white blood cell count and protein or blood in his urine. The nurse practitioner referred Davis to a urologist, who allegedly found no urological explanation for the abnormal test results. Approximately six months later, at a follow-up appointment with the nurse practitioner, testing showed that the level of blood and protein in Davis’s urine had tripled. A urologist again allegedly determined there was no urological explanation for those results.

Three months later, after a visit to a hospital ER, Davis returned to CHI and was treated on several occasions by physician David Keene. Testing continued to show an elevated white blood cell count. Another physician referred Davis to a nephrologist six months later. This led to a renal biopsy, which revealed that Davis was experiencing kidney failure resulting from IgA nephropathy. Davis, 40, underwent a kidney transplant. A truck driver who had earned $160,000 annually, he is now unable to work.

Davis and his wife sued Keene, alleging failure to treat signs of kidney disease and timely refer him to a nephrologist. Had the kidney disease been treated earlier, the plaintiffs argued, kidney failure could have been delayed by approximately 15 years.

The jury awarded $1.66 million plus costs. The defense appealed to the state high court, which affirmed the award in part and reversed in part on the issue of disbursements and costs. The parties agreed to a total judgment of approximately $1.82 million.

Citation: Davis v. Mercy Med. Ctr., No. 53-2019-CV-00589 (N.D. Dist. Ct. Williams Cnty. Aug. 17, 2023).

Plaintiff counsel: AAJ members Jed Kurzban and Lauren Gallagher, both of Coral Gables, Fla.; and AAJ member Mark Larson, Minot, N.D.

Plaintiff expert: Bradley Denker, nephrology, Boston.

Comment: In Doe v. Roe, Confidential Dkt. No. (Ill. Cir. Ct. Cook Cnty. Oct. 18, 2023), a mother brought wrongful death claims against a renal disease treatment center arising out of her daughter’s death. The parties settled for $1.5 million. AAJ member Daisy Ayllon, Sarah M. Raisch, AAJ member Joseph E. Kolar, and AAJ member Stephan D. Blandon, all of Chicago, represented the plaintiff.