Jury Awards Millions To Wichita Patient
Jury Awards Millions To Wichita Patient Save Email Print
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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Posted by: Darla Location: Winfield on Sep 7, 2008 at 03:44 PM
I couldn't believe it when I saw Margie & Kyle. I was a Social Worker working with the family when this tragedy happened. I was at the hospital with the family when he had his amputations. It changed my life forever. Maybe Kyle's life is being used to educate others about Rocky Mt. Spotted tick fever.

Posted by: JWichita Location: Wichita on Sep 5, 2008 at 05:23 PM
All she had to do was turn around and walk right back to the ER. When you test for RMSF it usually is negative the first time anyway. It's very difficult to diagnose.

Posted by: Russell Location: Wichita on Sep 5, 2008 at 08:33 AM
Perhaps if Jim were Gary Knights son he may have a better understanding. No one in this great country should be, "turned away", when related to health. Particulary when it is a child or senior citizen. God belss Jims mother. It is not about money with her. Obviously she just does not want this tragedy to happen to some other mother or fathers child.

Posted by: Robin Location: Pratt on Sep 4, 2008 at 01:26 PM
That is very sad. My heart goes out to that family. But it is nice to see that justice in a way, has been served.

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