Mobile County

(19) V.S., a Minor by and through his Mother and Next Friend ALISA SIMPSON, vs. MOBILE INFIRMARY ASSOCIATION d/b/a MOBILE INFIRMARY MEDICAL CENTER (Circuit Court of Mobile County, Alabama)

County/Docket #/Judge: Mobile / CV-2012-901184 / Robert H. Smith

Plaintiff(s) Attorney(s): Charles A. Bentley, Jr., of Bentley Law Offices, P.A., Durham, NC; J. Allan Brown and Joseph F. McGowin, IV, of Law Office of J. Allan Brown, LLC, Mobile, AL

Defendant(s) Attorney(s): A. Edwin Stuardi, III, and Russell C. Buffkin of Helmsing, Leach, et al., P.C., Mobile, AL

Age/Sex/Occupation Of Plaintiff: 12 / M / n/a

Cause Of Injury: Medical Malpractice/Treatment of Minor for Abdominal and Genital Pain/Failure to Diagnose Testicular Torsion. On June 8, 2010, 12-year-old minor V.S. awoke at around 3:00 a.m. with a sharp stabbing pain in his lower abdomen and left testicle. He was also nauseous and vomiting. He was taken to the emergency room at Mobile Infirmary. He was triaged by nurse Michelle Alford, R.N. and was classified as Level III. Around an hour later, he was seen by William E. Admire, Jr., D.O. A CT scan was taken of his abdomen, and he was discharged at around 10:00 a.m. with a diagnosis of abdominal pain, uncertain cause, and vomiting. He followed up with Dr. James Harrell, a pediatrician, the following day. At this point, his left testicle was swollen, and he was sent back to the emergency department at Mobile Infirmary for a testicular ultrasound. He was immediately taken to surgery when the ultrasound showed testicular torsion. Ultimately, on July 11, 2010, his left testicle had to be removed due to necrosis.

Plaintiff Alisa Simpson, mother of V.S., filed a medical malpractice action against defendant Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center on June 5, 2012, claiming that Dr. Admire was negligent in failing to order a testicular ultrasound on June 8, 2010, to rule out testicular torsion. Defendant denied that Dr. Admire was an actual or apparent agent at the time of treatment.

Nature Of Injury: Loss of left testicle.

Expert Witnesses:

Plaintiff's:

Catalina Arata, Ph.D., Psychology, Mobile, AL

Ira Mehlman, M.D., Emergency Medicine, New York, NY

Larry B. Mellick, M.D., Pediatric Emergency Medicine, Augusta, GA

Jennifer Buettner, R.N., Emergency Nursing, Atlanta, GA

Defendant's:

n/a

Verdict: $2,000,000 for Plaintiff on Jan. 11, 2017.

Editor’s Note: The jury found that Dr. Admire was acting as an agent of Mobile Infirmary on June 8, 2010.