Virtual jury selection via WebEx is now underway in the case of Kycie Terry Heirs v. SW Emergency Physicians and Dr. Michael Tremea, #160907576, Third District Court for Salt Lake County (Hon. Keith Kelly). Opening statements (live) are tomorrow at 10:00 am, with the first witness testimony at 1:30. Trial should continue through June 24th.
The case involves the death of five-year old Kycie Terry from St. George in July 2015 as a result of a brain swelling and permanent injury caused by Type I diabetes, and diabetic ketoacidosis. You can read the entire story– from the family’s perspective– here. And some news stories here and here.
The complaint filed by counsel alleges Dr. Tremea at the emergency department with Dixie Regional Medical Center negligently failed to diagnose and treat brain swelling caused by newly-diagnosed diabetes. It also alleges that Intermountain LifeFlight negligently cared for Kycie during and after the air transport to Primary Children’s Hospital. Specifically, by leaving the bag with emergency drugs and airway equipment on the plane, so it was unavailable when seizures began in the ambulance on the road to Primary Children’s from the airport.
The claims against Intermountain settled in mediation three years ago. Dr. Tremea (covered by Utah Medical Insurance Association) strongly defends his care, and alleges that if there is any fault to be assessed in this tragic death, it lies with the air transport team.
Counsel have filed the usual “Reptile” motions, which you can find here and here. There’s also some interesting motions in limine, found here, here, and here. And a jury questionnaire.
One would expect that if fault is assessed, a substantial proportion will be placed on the “empty chair” defendant, Intermountain LifeFlight. As I said, trial should go through June 24th.
I’ll update my blog when I have something further.
Counsel for plaintiffs: Colin King, Pete Summerill, and Walter Mason of Dewsnup King Olsen Worel Havas Mortensen
Counsel for defendants: Chris Nelson, Brandon Hobbs, and Sean Miller of Nelson Naegle.
