HUNTINGTON – A federal jury has awarded a Huntington woman with a $1.9 million verdict in a medical malpractice case.
The jury returned its verdict March 8 in favor of Carlie Hensley against Dr. Devan Lea Trull, who worked at Cabell Huntington Hospital at the time. She now resides in Tennessee.
One million of the verdict was for future medical and life care. Hensley also was awarded $250,000 for loss of earning capacity, $200,000 for past pain and suffering, $200,000 for future pain and suffering, $200,000 for past and future loss of enjoyment of life and $72,395.67 for past medical expenses.
According to the original complaint, Hensley was admitted to Cabell Huntington Hospital on March 15, 2018, after experiencing severe migraines with pain, numbness and tingling in her extremities. She had went to her family doctor, but she collapsed in the waiting room. Trull, a hospitalist, was responsible for her care.
The complaint said she was examined the next day by neurologist Justin Nolte, who said Hensley suffered from hyperreflexia or overresponsive reflexes. Three days later, a nurse noted Hensley was areflexic or had non-responsive reflexes.
“This dramatic change in Ms. Hensley’s reflexes over a short period of time – from overresponsive to nonresponsive – is the classic symptom of Guillain-Barré Syndrome, a progressive neuropathy that can lead to paralysis and respiratory distress if left untreated,” the complaint states. “However, Dr. Trull did not re-consult with a neurologist regarding this change in Ms. Henley’s neurological symptoms.
“In subsequent days, Ms. Hensley exhibited increasingly severe symptoms consistent with GBS. However, Ms. Hensley’s GBS remained undiagnosed and untreated.”
On March 23, 2018, Hensley suffered a respiratory arrest/Code Blue because of her undiagnosed and untreated GBS, according to the complaint. She was on a ventilator for 16 days.
“As a result of her respiratory arrest/Code Blue and delayed diagnosis and treatment for GBS, Ms. Hensley suffers from a debilitating brain injury, including cortical blindness,” the complaint states. “Ms. Hensley did not discover that she had been suffering from GBS and that it had resulted in her debilitating injuries until well after she was discharged from Cabell-Huntington Hospital on April 25, 2018, and was seen by a physician at a different medical facility in Huntington.”
Hensley claimed Trull was negligent and reckless in her care and treatment by failing to take reasonable steps to diagnose the medical cause of her progressive neurological symptoms, including delaying re-consultation with a neurologist, failing to admit Hensley into the ICU despite her progressive neurological symptoms and failing to provide her with prophylactic respiratory monitoring and support prior to her respiratory arrest/Code Blue.
She also said Trull’s treatment led to her sustaining her catastrophic and permanent neurological injuries, including brain injury and blindness.
Hensley was represented by David Carriger and L. Dante diTrapano of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates in Charleston. Trull was represented by D.C. Offutt Jr. and Mark Simonton of Offutt Simmons Simonton in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:20-cv-00257