Jessica Shumaker//July 22, 2021//
A Jackson County jury has, for a second time, found that a Lee’s Summit hospital and physician are not liable for an 80-year-old man’s death after complications from hernia surgery.
On June 15, following a seven-day trial, a jury returned a defense verdict for G. Brent Sorensen and Saint Luke’s Physician Specialists LLC.
The doctor and hospital were sued by the family of David King, an 80-year-old man who died in 2013 after undergoing surgery to repair a large paraesophageal hernia with a possible volvulus.
In 2016, an earlier jury returned a defense verdict in the case. The following year, the Court of Appeals Western District ordered a new trial because a juror failed to disclose during jury selection that he had been part of a prior legal action.
The hospital and Sorensen were represented by Brandon D. Henry of Wagstaff & Cartmell, who applauded the verdict.
“Obviously, it’s a very sad case with a great family, but we were pleased to see that the jury agreed with the earlier jury and agreed Dr. Sorensen acted appropriately,” he said.
Henry said the plaintiffs changed their theory of the case slightly from the earlier trial. They also reduced the amount of damages they asked the jury to consider awarding at trial.
At the first trial, they asked the jury to consider nearly $2.5 million in damages. At trial a second time, they asked the jury to consider $1.9 million.
Paul Redfearn, an attorney for the plaintiffs, didn’t return a call seeking comment.
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Defense Verdict
Medical Malpractice, Wrongful Death
Venue: Jackson County Circuit Court
Case Number/Date: 1416-CV23308/June 15, 2021
Judge: John M. Torrence
Plaintiff’s Experts: Kenric Murayama, Honolulu, Hawaii (surgical); Michael Handler, Kansas City (forensic pathologist)
Defendant’s Experts: Dana Portenier, Durham, North Carolina (surgical); Megan McNally, Kansas City (surgical)
Special Damages: $352,948 medical expenses billed, $90,050 paid; $35,689 past lost income, pension and social security; $25,152 future lost income, pension and social security; and $500,000 past marital and parental services and $50,000 future marital and parental services
Last Pretrial Demand: $987,746
Last Pretrial Offer: None
Caption: Wanda L. King, individually and as plaintiff ad litem for David King, Michael D. King, Tamara L. Nuckolls, Lee Ann Roach, Tracy L. Rainey v. G. Brent Sorensen, M.D. and Saint Luke’s Physician Specialists LLC
Plaintiff’s Attorneys: Paul Redfearn III and Michael D. Wallis, Redfearn Law Firm, Lee’s Summit
Defendant’s Attorneys: Brandon D. Henry and Luke Callahan, Wagstaff & Cartmell, Kansas City