Tammy Wells, individually, et al. v. Kerry Higgins, M.D. and Michael Holder, M.D., and Southeast Family Practice Associates, P.C.
Published: Feb. 7, 1998 | Result Date: Sep. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: 96CV1742 – $1,624,500
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Facts
On April 22, 1994, plaintiff Howard Wells, then a 42-year-old executive systems program manager, was playing golf when he suffered abdominal pain and discomfort. He called defendant Dr. Kerry Higgins, his family practice physician, for an appointment. The next day, Wells saw defendant Dr. Michael Holder, Higgins' partner. Defendant Holder gave Wells an antacid and told Wells he had peptic ulcer disease. Defendant Holder did not conduct an electrocardiogram (EKG) or order cardiac enzymes or any other testing, although Wells had suffered a heart attack presenting with abdominal pain three or four years earlier, which reportedly was documented in Wells' chart. Five days later, Wells consulted with defendant Higgins for complaints of high temperature, night sweats, a runny nose and sore throat. Higgins diagnosed a viral upper respiratory infection and ordered blood tests, which showed elevated enzymes consistent with a heart attack. Plaintiff asserted Higgins told him that his tests were consistent with liver disease and asked him to return in two days, April 30, for an acute hepatitis panel. Wells died on May 3 from a heart attack which began April 22. The plaintiffs, Wells' wife and his minor children, brought this wrongful death action against defendants Higgins, Holder and Southeast Family Practice Associates.
Settlement Discussions
Plaintiffs made a final demand before trial of $1 million against defendant Higgins and $1 million against defendant Holder. Defendants made no offer.
Injuries
$1 million to $1.7 million in damages for loss of support.
Other Information
Defendants counsel reported the judgment was reduced to a total of $1.2 million for all plaintiffs, pursuant to Colorado's medical malpractice damages cap.
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