Kidney Surgery Gone Awry: Kentucky Jury Favors Doctor in Wrongful Death Case

Adkins v. Dixon

Case Background

David Adkins filed a medical malpractice lawsuit suit against Dr. Justin Dixon for the wrongful death of his wife before the Kentucky Circuit Court, Boyd County. Judge John Vincent presided over this case. [Case number: 20-83]

Cause

Linda Lou Adkins, aged 70, was diagnosed with biopsy-confirmed renal cancer. She consulted urologist Dr. Justin Dixon, who planned a radical nephrectomy for her left kidney. The surgery took place on February 4, 2019, at King’s Daughter Medical Center.

During the operation, Dr. Dixon was dividing the celiac artery and mesenteric artery using staples when he accidentally cut the arteries. He quickly recognized the bleeding and requested a vascular consult. Unfortunately, Adkins lost a significant amount of blood. She developed a clotting complication and, despite receiving a massive blood transfusion, she experienced multi-system organ failure and passed away the same day. Adkins was survived by her husband of 52 years, David, whom she had met at a school dance in the 1960s.

Damages

If the Adkins estate won at trial, it pursued damages in one category only. The estate sought compensation for the husband’s post-death consortium interest. They requested $1.25 million for this claim.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Linda Lou Adkins | David Adkins
  • Counsel for Plaintiff(s): David F. Latherow | Dustin C. Haley
  • Experts for Plaintiff(s):  Dr. Malcolm Schwartz | Dr. Christopher Chambers

• Defendant(s): Dr. Justin Dixon
  • Counsel for Defendant(s): Michael C. Walker | Bert Ketchum
  • Experts for Defendant(s): Dr. Michael Cookson | Dr. James Black

Claims

In this lawsuit, the Adkins estate sued Dr. Dixon, claiming he made a mistake during the surgery. The alleged error involved Dr. Dixon cutting the arteries. The criticism centered on his failure to properly visualize, identify, and isolate the arteries outside the operative field before using the stapler. It was alleged that he breached t he standard of care he owed to the Plaintiff.

Defense

Dixon initially argued that the surgery was appropriate given Adkins’ cancer diagnosis. He had also informed her about the risks of bleeding and injury to nearby structures. These risks were particularly high due to Adkins’ obesity and complex anatomy.

The defense then focused on the core argument. Dixon claimed that the injury was a known complication rather than a breach of the standard of care. Once the injury occurred, Dixon acted correctly by calling for a vascular consult. Regarding causation, Dixon argued that Adkins’ death resulted from an unpredictable clotting issue, which led to uncontrolled bleeding.

Expert Testimony

The Plaintiff’s liability experts included Dr. Malcolm Schwartz from Urology in Westfield, NJ, and Dr. Christopher Chambers from Vascular Surgery in Grand Rapids, MI. On the defense side, the experts were Dr. Michael Cookson, a Urologist from Oklahoma City, OK, and Dr. James Black, a Vascular Surgeon from Baltimore, MD.

Jury Verdict

The trial in this wrongful death lawsuit lasted three days. The jury deliberated for only 16 minutes. They decided with a 10-2 vote in favor of Dixon, concluding that he had not breached the urology standard of care. The jury did not reach a verdict on damages. Consequently, a judgment was entered in Dixon’s favor.

Court Documents:

Available upon request