On June 13, 2013, a federal court jury in Muskogee, Oklahoma returned a verdict for $1,175,000.00 in a wrongful death lawsuit. Glendell Nix and Andy Campbell of Nix Law Group, PLLC in Edmond, Oklahoma represented Kelly Shatwell, the surviving spouse of Sherman Shatwell, in the lawsuit. Ms. Shatwell alleged several health care providers failed to diagnose and treat her husband, Sherman, for tonsillar cancer.
Mr. Shatwell went to the Tahlequah City Hospital emergency room in Tahleqauh, OK complaining of pain on the left side of his neck. The ER physician’s assistant ordered a CT scan without contrast. The radiologist interpreted the films as suspicious and requested a CT scan with contrast be performed. Dr. Phillips, the ER physician, ordered a CT scan with contrast. The film was read off-site by a tele-radiologist. The radiologist sent a report back to the ER electronically. The report said Mr. Shatwell had left tonsillar cancer and recommended an ENT doctor consultation. However, the ER physician, Dr. Phillips, never read the results and never informed Mr. Shatwell of the results. Instead, Dr. Phillips discharged Mr. Shatwell with a prescription for antibiotics.
Approximately a year later, after moving from Oklahoma to Texas, Mr. Shatwell noticed a growth on his neck, and he had become hoarse. He went to the Scott and White ER in Temple, Texas. Doctors diagnosed him with Stage 4 terminal tonsillar cancer. He died less than a year later. Experts testified that had Mr. Shatwell been diagnosed and treated at the time he went to the ER in Tahlequah he would have had an over 80% chance of cure.
After 8 days of testimony, a unanimous jury returned a verdict for $1,750,000.00 against Dr. Phillips, the ER physician, and his employer, Tahlequah Emergency Consultants.
Congratulations to the Nix Law Group on achieving justice for your client! Advocate Capital, Inc. is proud to support trial attorneys and our seventh amendment right to a jury trial.
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