BISMARCK, N.D. (Legal Newsline) - A man whose kidney failure went unnoticed by his doctors will get to keep most of his $1.6 million medical malpractice verdict.
The North Dakota Supreme Court ruled in favor of Michael and Kimberly Davis in their lawsuit against CHI St. Alexius Health Williston, Dr. David Keene and nurse practitioner Cherise Norby.
A Williams County jury only found Keene liable and awarded the Davises $1,660,000 in damages - an amount the Supreme Court found appropriate in its Aug. 17 opinion, given expert testimony that the delayed diagnosis hurt Michael Davis' chances at fighting his condition.
Davis ended up needing a kidney transplant at 40 years old and won $1.1 million in future economic damages. An expert testified the cost of his future treatment, which could possibly include two more transplants, is nearly $4 million.
"The jury's future economic damages award is within the range of evidence and is not excessive or inadequate," the court found.
Davis' troubles started in February 2016 when a blood test indicated an elevated white blood cell count after reporting flu-like symptoms. Ten months later, he complained of frothy urine and was referred by Norby to a urologist, who found no urological explanation for abnormal test results.
Davis saw Norby again in June 2017 when lab results showed blood and protein levels in his urine had tripled since the October 2016 visit. Norby again referred him to a urologist.
In September 2017, Davis was forced to an emergency room in Montana with hand and leg pain. A blood test showed elevated white blood cells, elevated creatinine and low levels on a test that measures how well kidneys are filtering blood. The Montana hospital told him to follow up with his primary care physician.
That month, he saw Dr. Keene three times but Keene did not order a urinalysis or refer Davis to a nephrologist.
The following March, he saw a different doctor who referred him to a nephrologist. That doctor ordered a biopsy and diagnosed him with a kidney disease called IgA nephropathy.
Davis sued his medical care providers for not referring him earlier, then had a kidney transplant. An expert for Davis at trial said IgA nephropathy is more treatable the earlier it is discovered. The jury found only Keene at fault.
The verdict for past economic damages was reduced by $13,000, to $386,919.04, while the $1.1 million for future damages stayed intact. The Supreme Court struck $204,973.31 in costs and disbursements because the trial court did not explain how it arrived at that figure, which it will now reconsider on remand.