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An alleged misdiagnosis ten years ago had serious health consequences for a little girl in Hershey. Now, her family has filed a massive lawsuit against Drs. Samuel Perry and Dell Shepherd, along with their practice, Great Plains Regional Medical Center, and Dr. William Dailey, who now practices in Missouri. The complaint, filed Friday, Nov. 6 in Lincoln County District Court, does not stipulate the exact amount of damages that Travis and Jennifer Melvin are seeking on behalf of themselves and their daughter, now 11. However, the document does dispute Nebraska Statute 44-2825, which caps the amount of damages recoverable in a malpractice suit at $1.25 million. According to the lawsuit, the Melvins’ daughter was born in June 1998, a few weeks premature but otherwise healthy. Ten months later, the infant began experiencing seizures, but the suit claims that beyond the seizures the child remained healthy and happy. On December 3, 1999, the Melvins took their child to the emergency room at GPRMC due to a fever and flushed cheeks. The court papers describe the child’s demeanor as “subdued.” A complete blood count with differential was ordered. The suit stated that the child was then sent home from the hospital by the defendants, with instructions to bring her to their office the following day. It goes on to say that on December 4, 1999, the defendants noted that the child was, “extremely obtunded last night, didn’t respond to pokes for blood draws, just was limp.” The lawsuit said that she was diagnosed with what “appears to be a little viral illness.” Dailey, who was involved with the Perry/Shepherd practice at that time, misdiagnosed the Melvins’ daughter, the document stated. It was all the defendants’ responsibility to supervise, manage and train Dailey properly, the lawsuit claimed. It also said that Perry misdiagnosed the child, as well. Through December 13 the defendants continued to provide care to the child. She suffered from temperatures as high as 105 degrees, the suit claimed. It also stated that lab results indicated that the cause for the child’s condition was likely an infectious process. However, the suit said that despite the evidence and despite requests from the Melvins, the defendants failed to provide antibiotic treatment at any time. On December 14, 1999, the severity of their daughter’s condition prompted the Melvin’s to drive her to Children’s Hospital in Omaha without a referral from either Dailey or Perry. As a result of negligence, the suit alleged, the child developed large abscesses the size of golf and billiard balls on her right kidney. Since the infection was not properly diagnosed and treated, it said, her right kidney had to be removed. The child also suffered brain damage, among other bodily injuries. The Melvins are seeking on behalf of their daughter damages for the permanent injuries to her kidney and brain she suffered, allegedly due to the defendants. They also seek past and future medical expenses and attendant care. The suit said “she will require care 24 hours a day, 365 days each and every year for the rest of her life.” Compensation for the child’s lost future earning capacity, permanent disability, pain and suffering, and emotional injuries is sought as well. For their part, the Melvins are seeking recompense for past and future medical bills and life care expenses associated with their daughter, as well as the loss of the relationship a parent can reasonably expect from a healthy child. The Bulletin contacted the Melvins and asked why the lawsuit was being filed now, if the alleged malpractice took place a decade ago. Their attorney, Robert Pahlke, told the Bulletin that the past ten years have had the Melvins so occupie with their daughter's health thatthey concerned themselves with little else. Now, he said, they want to to give their daughter financial protection in case something should happen to them. They do not want her to wind up in a group home as a ward of the state, he said.
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