Missouri medical malpractice, wrongful death case ends in settlement

stethoscope.jpgA Kansas City, Missouri family settled their Missouri medical malpractice and wrongful death suit against Urgent Care of Kansas City and Drs. Robert Frank and Jan Johnson shortly before trial was set to begin.

Andrew Endicott had visited Urgent Care of Kansas City several times for shortness of breath, leg swelling, and other symptoms during 2006. He died September 24, 2006 of deep vein thrombosis. Andrew’s parents alleged that the doctors sent him away without conducting the proper tests or giving him the proper diagnosis, which ultimately resulted in his death. The doctors denied the allegations, stating that Andrew had a pre-existing medical condition and his death was unavoidable.

Andrew’s parents were seeking compensation for the lost profits their two family businesses lost because of Andrew’s death, in amounts from $1 million to $6.2 million, as well as compensation for the amount of $366,000 that it took to hire replacement workers to fill his position after he died. Defense attorneys had argued that these losses were not losses suffered by the parents, but were losses suffered by two businesses that were not parties to the lawsuit. While the parents can bring a wrongful death lawsuit under RSMo Section 537.080, businesses are not proper parties to wrongful death lawsuits.

Andrew was 36 years old, and lived at home with his parents and provided them with many household services, as well as services connected to the businesses. The Endicott’s attorney argued that he held many positions of service to his parents, so their pecuniary loss from his death was great. The case settled for an undisclosed sum.