Date: 10-18-2024

Case Style:

Lora Russell v. University of Kentucky Medical Center d/b/a UK Healthcare, et al.

Case Number: 22-CI-02204

Judge: Diane Minnfield

Court: Circuit Court, Fayette County, Kentucky

Plaintiff's Attorney:

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Defendant's Attorney: Bryan H. Beaumon, Andrew Desimone, Madeleine B. Loeffler, William E. Thro

Description:

Lexington, Kentucky medical malpractice personal injury lawyers represented the Plaintiff.

This matter concerns medical care Russell received at UK Healthcare, beginning when she was diagnosed with a carcinoid tumor on her lung in April 2019. Record ("R.") Vol. I at 7-17. Her care was directed by Dr. Aman Chauhan, an oncologist employed by the University of Kentucky. Id. Dr. Chauhan has since taken a position at the University of Miami in Miami, Florida. On March 4, 2021, Russell received a CT scan of her chest and abdomen. Id. Following the CT scan, Russell underwent a comprehensive PET scan on April 15, 2021. Id. On October 15, 2021, Russell had another chest CT scan, which showed abnormalities on her right kidney. Id. An MRI taken on November 5, 2021, revealed a mass on Russell's right kidney consistent with renal cell carcinoma. R. at 7-17.

Russell alleges that the mass on her right kidney was visible in the imaging from April 2019, according to the UK Healthcare physicians reading the imaging in November 2021. Id. On December 8, 2021, Russell was notified she had cancer in her kidney that was previously visible, but not noted, on the April 15, 2021, PET scan. Id. Surgery was performed on January 4, 2022, to remove Russell's right kidney. Id.

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Russell filed suit on November 2, 2022, against UK Healthcare/Norton Healthcare Strategic Health Alliance, Inc., and the University of Kentucky Markey Cancer Foundation, Inc., along with the individual physicians, Aman Chauhan, M.D., Conor M. Lowry, M.D., and Halemane S. Ganesh, M.D. Id. On November 23, 2022, Russell filed an amended complaint adding the University of Kentucky, the University of Kentucky Medical Center, and Blaine T. Mischen, M.D., as defendants. R. Vol. I at 23-32. UK Healthcare/Norton Healthcare Strategic Health Alliance, Inc., and the University of Kentucky Markey Cancer Foundation, Inc., moved for dismissal based on their being improper parties. R. Vol. I at 35-47, 48-54, and 63-64. Dr. Lowry moved to dismiss the complaint on the grounds that he did not breach the standard of care owed to Russell, and Dr. Ganesh moved for dismissal alleging that he did not treat Russell. Id. These motions were not opposed by Russell, and on December 16, 2022, the trial court entered an Agreed Order dismissing those parties. R. Vol. I at 88-90.

The University of Kentucky, including the Medical Center, subsequently moved to dismiss based on governmental immunity, which the trial court granted. R. Vol. II at 161-67, 269-72. This appeal followed.

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Russell v. Univ. of Ky. Med. Ctr., 2023-CA-1095-MR (Ky. Ct. App. Oct 18, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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