Wrongful death, malpractice lawsuit filed against Mercy Carthage, Mercy Springfield

Doctors at Mercy Carthage and Mercy Springfield misdiagnosed a Stark City man's condition leading to his death, according to a lawsuit filed Friday in Jasper County Circuit Court.

Justin Graham, 44, died October 9, 2023 at Mercy Springfield after initially being treated at Mercy Carthage, according to the petition. The lawsuit was filed by his widow, Alicia Graham.

Listed as defendants, in addition to the hospitals, are Dr. Jeffrey M. Dixon, emergency room physician at Mercy Carthage and Dr. Kimberly Henley of Mercy Springfield.

At or around 1022 hours on October 8, 2023, Justin Graham presented to Mercy Hospital Carthage with complaints of abdominal pain, nausea and vomiting that began two days earlier. Defendant Dixon was assigned to his medical assessment and care. 

Lab tests revealed that Justin Graham had critically low platelets level of 5. Blood smear results showed multiple misshaped/fragmented red blood cells, including +2 schistocytes. He had elevated lipase. He had renal insufficiency, hypertension, was passing dark brown urine, was anemic and abdominal pain. 

The clinical and lab findings should have placed thrombotic thrombocytopenic purpura (TTP) on the differential diagnosis. 

TTP is a potentially life-threatening condition that requires urgent transfusion of fresh frozen plasma. Transfusion of platelets is contraindicated and usually fatal for a person with TTP. 

Defendant Dixon attempted to transfer Justin Graham to Mercy Hospital Joplin, apparently believing that the patient needed a transfusion of platelets, which Mercy Hospital Carthage did not have available. 

Hours passed while the attempt for transfer to Mercy Hospital Joplin was made, ultimately resulting in Mercy Hospital Joplin advising that it had no stock of platelets and that the patient would need to be transferred elsewhere. 

At or around 1634 hours, Defendant Dixon reported that Justin Graham would be received by Mercy Hospital Springfield, which is approximately 57 miles from Mercy Hospital Carthage.  

The transfer of the patient to Mercy Hospital Springfield was not completed until around 1832 hours on October 8, 2023. Dr. (Kimberly) Henley was assigned the medical assessment and care of Justin Graham and saw the patient around 1850 hours. 

Dr. Henley consulted with hematologist, Dr. Nair, and without first analyzing all of the laboratory data, Dr. Nair recommended that a platelet transfusion be ordered, with a goal of reaching a platelets of 30. 

Defendant Henley ordered a transfusion of platelets at 1904 hours. Before the hematology consult occurred, the platelet transfusion was started at 1944 hours, a second bag at 2107 hours, and a third bag at 2145 hours. 

Almost immediately upon the transfusion of platelets beginning, Justin Graham demonstrated altered mental status, confusion and severe headache. Dr. Henley rounded on the patient at 2145 hours and noted his change in mental condition, thereafter ordering a head CT scan. 

At 2212 hours, Justin Graham became diaphoretic, was having difficulty following commands, was noted as confused, mumbling and agitated. At 2244 hours the lab notified the nurse that the platelets had increased to 18. Nephrologist Dr. Giselle Kohler consulted on the patient at or around 2307 hours, spoke with hematologist Nair, and Dr. Nair finally recommended that a plasma exchange be started, which Dr. Kohler ordered at or around 2319 hours. 

Justin Graham was transferred to the ICU and was intubated. At our around 0100 hours, Justin Graham coded. Resuscitation attempts failed and Justin Graham died that morning on October 9, 2023. Time of death was called at 0141 hours.

The one count of the lawsuit alleges wrongful death and medical malpractice, blaming Mercy Carthage for the delays in getting Graham to Springfield, Dixon for misdiagnosing him, and faulting the actions taken by medical personnel at Carthage and Springfield.

Alicia Graham is represented by Scott Vorhees of the Joplin firm of Johnson, Vorhees and Martucci. She is asking for actual and compensatory damages, costs and for a jury trial.