Professional Negligence Law Reporter

Setzer v. SSM Health Care St. Louis, No. 2016-SLCC-03273 (Mo. Cir. Ct. St. Louis Cnty. Nov. 2018).

Lindsey Setzer, 24, was 14 weeks pregnant with her first child when she experienced right-sided flank pain, abdominal cramping, and nausea. She went to a hospital emergency room, where a nurse took her vital signs. This showed that Setzer had an elevated temperature and

a high pulse rate of 144. After an ultrasound, she was diagnosed as having kidney stones and discharged. Early the following morning, she went to a different hospital, where she was diagnosed as having sepsis and respiratory distress. She underwent placement of a ureteral
stent and suffered a spontaneous abortion during the procedure. Setzer continues to suffer chronic fatigue and memory issues resulting from the sepsis and has been diagnosed as having post-sepsis syndrome.

Setzer sued the first hospital, SSM Health Care St. Louis, alleging its on-call physician and nurse failed to diagnose and treat her for a urinary tract infection. Among other things, the plaintiff claimed that the physician failed to examine her while she was in the emergency room. The jury awarded more than $1.35 million. The defense has appealed.

Plaintiff counsel: Gregory Fenlon, David Horan, and David Perney, all of St. Louis.
Plaintiff experts: Ross Heller, emergency medicine, Columbia, Mo.; and Claudia Beckmann, nursing, Camden, N.J.
Defense experts: Carlton Pearce, obstetrics, Chesterfield, Mo.; Frank Lyeria, nursing, Edwardsville, Ill.; and Rebecca Summary, economics, Cape Girardeau, Mo.