Jury Awards Millions To Wichita Patient
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Jury Awards Millions To Wichita Patient
A jury awards $9.8 million to a Wichita mother and her son after attorneys say hospital staff turned them away in 1996.
Reporter: Cayle Thompson
Email Address: cayle.thompson@kake.com
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Kyle Jim was like most other boys growing up. He played sports and enjoyed school. In fact, at the end of his fifth grade year, Jim's teachers joked he'd one day be the mayor of Hollywood.

Then everything changed in June of 1996.

Jim was eleven years old when he was bit by a tick and contracted Rocky Mountain Spotted Fever. Today, he's 23 and a shell of his former self.

Jim cannot speak, barely sees, and has lost his hearing. He also lost both his legs, and has endured a myriad of skin graft surgeries.

Wednesday, a jury awarded Jim $9.8 million in damages. The jury said Via Christi St. Francis was at fault for not adequately treating Jim's illness.

Margie Grimes, Jim's mother, says she took her son to the ER June 12, 1996. A doctor misdiagnosed Jim's symptoms, but in consultation with the family's physician, urged Grimes to take her son to the Saint Francis Pediatric Clinic the next day.

But when Grimes arrived, she says she says a staff member turned her away because of an improper referal.

"I never visioned this would happen," Grimes said.

Within days, Jim's illness left him in critical condition. By the time doctors were able to correctly diagnose the illness and begin treating Jim, it was almost too late.

"Non-medical personell should not turn away very sick kids from clinics," said Troy Gott, Grimes' attorney. "That's exactly what happened with Saint Francis."

For more than a decade, Grimes says she's sought justice for her son. She says she turned down a substantial monetary offer from St. Francis several years ago, opting instead to pursue further legal action.

"This was huge," said Gott.

"We fought hard," said Grimes.

Jurors ultimately awarded Grimes and her son 5.8 million dollars for pain and suffering, and an additional 4 million dollars in lost income and medical expenses.

But state laws cap non-economic damages at 250,000 dollars. That means Grimes will be lucky if she gets all of the remaining 4 million. A lot of money, but hardly enough, attorneys say, to cover all of Jim's past and future medical costs.

"I think if people knew about this law and the way Via Christi conducted themselves, they'd be appalled," said John Sheehy, another of Grimes' attorneys.

In a statement from Via Christi Health Systems, attorney Gary Knight said:

"As a healthcare ministry whose sole purpose is ensuring that everyone has access to quality care, we understand why anyone would find this rare instance of a missed diagnosis with a catastrophic outcome heartbreaking. However, we were surprised by both the amount of the jury award and by its finding as to the degree of fault attributed to the hospital in this now 12-year-old case."

Grimes says her fight was not about money, but about her son. She hopes with the jury's award, he will live a better life. Her attorneys plan to fight the state law limiting how much Grimes and Jim can receive for pain and suffering.


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