Callis set to open case over amputated leg Monday

Amelia Flood Sep. 17, 2010, 4:57am


A couple's suit against a Highland hospital and its staff over a misdiagnosis that the plaintiffs allege led to a leg amputation is set for trial Monday.

Plaintiffs Fred and Robeye Walker claim that St. Joseph's Hospital of Highland, Dr. Anthony Sodd, and Mid-America Radiology botched the diagnosis of a cyst in Fred Walker's left leg in June 2008.

Due to the alleged negligence, Fred Walker's left leg was eventually amputated above the knee after it was discovered that Fred Walker had an aneurysm in one of his arteries.

The defendants deny the allegations.

The defense also claims that the plaintiffs contributed to the damages and failed to mitigate them.

The trial is set to open at 9 a.m. before Madison County Chief Judge Ann Callis.

According to the plaintiff's second amended complaint, Fred Walker went to the Highland hospital to have a venous Doppler procedure done to diagnose the cause of pain in his left leg.

Sodd performed the test.

He diagnosed Walker with a cyst in his left leg.

On June 20, 2008 Fred Walker returned to the hospital with severe leg pain.

Dr. P. Shawn Shekar preformed another Doppler test, also diagnosing the plaintiff with a cyst.

Shekar is referenced as a defendant in the body of the second amended complaint but not named individually in any of its counts.

Eventually, Fred Walker's left leg was amputated above the left near due to a discovered arterial aneurysm.

The plaintiffs claims the defendants failed to properly diagnose the aneurysm, failed to advise Fred Walker's primary doctor about it, and that they failed to refer him to a vascular surgeon.

Robeye Walker is seeking relief on claims of loss of consortium.

The plaintiffs seek damages in excess of $50,000 per count of their suit and costs.

St. Joseph's has a counterclaim and claim for set-off pending.

Sodd has a claim for set-off pending as well.

Callis held a pre-trial in the suit Sept. 15.

According to the plaintiff's witness disclosure statement filed Sept. 12, the Walkers, their children, Doppler test experts and various experts could be called to testify at trial.

Madison County Circuit Judge Daniel Stack previously had the Walker case.

The Walkers are represented by Kevin Sullivan and Thomas Keefe Jr.
Michael Nester represents St. Joseph's.

Ted Dennis represents Sodd and his practice.

The case is Madison case number 08-L-795.

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