Posted on Sep 05, 2008
Jury Awards Wichita Man $9.8 Million

Posted: Sep 3, 2008 11:04 PM

Updated: Sep 4, 2008 06:34 AM


Michael Schwanke (Wichita, KS)

Kyle Jim was 11-years-old when he went to Via Christi St. Francis Emergency Room in 1996 with fever, rash and headache.

It turns out Kyle had Rocky Mountain spotted fever he contracted from a tick.

Doctors misdiagnosed Kyle and didn't get him the right medication soon enough.

Because of the misdiagnosis, both of Kyle's legs had to be amputated, plus four fingers on one hand, and his index finger on the other. He also lost his hearing, speech and has brain damage.

His attorney says today's verdict is a big win for Kyle and his family and brings awareness to a treatable disease.

"This is a disease that was cured by American medicine and considered to be a triumph of American medicine. Kyle should not be in this condition and Margie (Kyle's mom) shouldn't have to suffer like she has," says attorney John Sheehy who worked with Patterson, Gott & Burk.

Of the $9 million awarded, more than $5 million was for pain and suffering, but Kyle's attorneys say Kansas law caps that amount at $250,000.

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