Doctors win medical malpractice case after patient sues over spinal injury

Three medical professionals successfully defended their practices before a jury from a medical malpractice lawsuit seeking $3 million in damages.

The three defendants in the case — Ronald Keller, DO, Joseph Galate, MD and Alexander Bailey, MD — were represented by John Hicks & Sarah Wood of Norris Keplinger Hicks & Welder and by Mariam Decker & Ryan Bertels of Schreimann, Rackers & Francka.

The plaintiff, Rickie L Tunnell, represented by John Norton & Kathryn Spencer of Norton and Spencer suffered spine and back injuries and sought care from the defendants.

Hicks told Missouri Lawyers Media that Tunnell’s spinal injury was a work injury “that was really more of a kind of a chronic spine deterioration that he’d had over several years doing a very repetitive job.”

An attorney for the plaintiff did not immediately respond to requests for comment on the case.

Tunnell went to different providers to determine the root cause of the pain. He visited the emergency room and one of the defendants for a workers’ compensation request and to be evaluated.

“The first doctor that I represented, the physiatrist — a physical medicine specialist — thought that he had signs that were consistent with some radiculopathy or a nerve compression, and ordered an MRI to follow up on it,” Hicks said. “The MRI was read out a few weeks later as showing not just a nerve compression, but a compression of the spinal cord itself.”

This condition is much more serious, and the doctor advised Tunnell to see a spinal surgeon right away, Hicks said. This doctor shared an office with a spinal surgeon from a separate medical practice, and the surgeon agreed to see Tunnell the next day.

By the time the surgeon saw the patient, his symptoms had progressed from generalized weakness to barely being able to walk, Hicks said. The surgeon recommended surgery and was able to perform the surgery the same day.

“When he comes out of surgery, he’s unable to move anything,” Hicks said. “He’s completely paralyzed from the neck down. So, the surgeon goes back in and wants to make sure that there isn’t any bleeding that is occurring that’s building up pressure and causing these additional symptoms.”

The surgeon did not find any signs of this, and Tunnell was sent to physical therapy.

“About six months later, after some physical therapy, he (was pretty close) to how he was before the surgery, but not any better, but for some period of time, he’d completely lost the use of his legs (and) upper body,” Hicks said.

His workers’ compensation claim representative decided he had reached maximum improvement and closed his claim, at which point he sought an attorney, Hicks said. This attorney sued every care provider involved, he added.

One of the defendants was the emergency room doctor who only saw Tunnell once, Hicks said. The plaintiff’s team alleged if he had an MRI in the emergency room, the cord compression would have been diagnosed at that time.

“All the defense experts said that that was not the standard care and that none of it would have mattered anyway,” Hicks said.

The experts said there were not enough symptoms to justify an emergency work up and so ordering a routine MRI would have been appropriate.

Ultimately, the jury sided with the defendant doctors, Hicks said.

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Amount of verdict, judgment or settlement: $0

Type of action: Medical malpractice, verdict for defendant

Venue: Grundy County Circuit Court

Case Number/Date: 24AG-CC00018 / 10/30/2025

Plaintiffs’ Experts: Jeffrey Mendel, MD Radiology/ Medical; Emergency Room physician Ronald Suter, DO; Family Care Physician Steven Kanner, DO; Spine surgeon Mark Weidenbam, MD; Life care planner Katie Allison.

Defendants’ Experts: Neurosurgeon Christ Taylor, MD; Physiatrist Richard Katz, MD; Internal medicine David Lickerman, MD.

Injuries: Back, spine

Last Pretrial Demand: $3,000,000

Last Pretrial Offer: $0

Caption: Rickie L Tunnell v Ronald Keller, DO, et al

Plaintiffs’ Attorneys: John Norton & Kathryn Spencer of Norton and Spencer in Kansas City, Missouri & Kansas.

Defendants’ Attorneys: John Hicks & Sarah Wood of Norris Keplinger Hicks & Welder in Leawood, Kansas; Mariam Decker & Ryan Bertels of Schreimann Rackers & Fancka in Jefferson City, Missouri.