Thompson v. Burner

Case Background

Jacob Thompson, through his parents, filed a medical malpractice lawsuit against Dr. Kevin Burners, a radiologist, alleging negligence after a misdiagnosis that led to an appendix rupture and an extended hospital stay. The case was filed in the

Cause

Jacob Thompson, aged 14, arrived at the ER of Tristar StoneCrest Medical Center at 5:00 a.m. on April 17, 2020. He reported pain in his lower right quadrant and mentioned eating “Hot Cheetos” the previous night. The attending ER doctor suspected appendicitis and ordered an ultrasound. Although the ultrasound did not visualize the appendix, the risk of appendicitis remained high, so Thompson was discharged.

Later that morning, at 10:48 a.m., Thompson returned to the Children’s Hospital at Tristar Centennial with increased pain. His white blood cell count reached 16,000, and his blood pressure measured 156/101. The medical team ordered a CT scan. Conducted at 11:25 a.m., the CT scan was interpreted by Dr. Kevin Burner of Radiology Alliance at 12:08 p.m. He reported “no acute findings.” The ER team relied on this diagnosis and advised Thompson to follow up with his pediatrician in a few days.

Three days later, Thompson visited a clinic where a blood test was performed. Early the next morning, his mother received a call informing her that the results suggested appendicitis. Following the clinic’s instructions, she took Thompson to the ER at Williamson Medical Center. There, a CT scan confirmed a ruptured appendix with a significant 10.1 cm peritoneal abscess.

The medical team then transferred Thompson to Vanderbilt, where he underwent multiple hospitalizations to treat intra-abdominal abscesses and other complications. His treatment ultimately concluded with the removal of his appendix on July 31, 2020.

Injury

Burner’s misdiagnosis led to an appendix rupture, the development of an abscess, and an extended hospital stay.

Damages

Thompson, through his parents, Monica and Kenwick Thompson, filed this medical negligence lawsuit against Burner and his medical group. Thompson’s course of treatment was grueling and painful due to Burner’s misdiagnosis. They claimed special and general damages for the alleged misdiagnosis which led to his injuries and damages.

If Thompson won the trial, he sought to recover $128,000 in medical expenses. He could also receive compensation for his pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jacob Thompson | Monica Thompson | Kenwick Thompson

Claims

The Plaintiffs argued that Burner misinterpreted the CT scan on April 17, 2020, leading to a delayed appendicitis diagnosis. They asserted that if Thompson had received a timely diagnosis and had been referred to a pediatric surgeon sooner, he would have had a brief hospital stay and a smooth recovery. Instead, due to the medical negligence, Thompson faced a prolonged hospitalization and underwent multiple procedures.

Defense

Burner defended his actions by stating that he met the standard of care based on Thompson’s condition. The boy had successfully passed an oral challenge in the ER and regained his appetite. Burner acknowledged that the CT scan had “subtle findings” consistent with early appendicitis. However, he argued that a referral to a pediatric surgeon was unnecessary.

Additionally, Burner downplayed the damages, highlighting that Thompson participated in football that fall in 2020 and indicated he faced no ongoing limitations.

The defense also attempted to assign some blame to Thompson’s parents for not returning him for care sooner, specifically three days after Burner reviewed the CT scan.

Expert Testimony

Thompson built his case with a team of experts, including Dr. Jamlik-Omari Johnson from Radiology in Los Angeles, Dr. Charles Hartin, a pediatric surgeon from Mobile, Alabama, and Dr. James Fox from an ER in Raleigh, North Carolina. Hartin characterized Thompson’s condition as a “classic case of appendicitis.”

On the defense side, the experts included Dr. Heather Dunlap, a surgeon from Murfreesboro, Dr. James Grippo, a radiologist from Columbia, and Dr. Trey Eubanks, a pediatric surgeon from Memphis. Eubanks stated that at the time of the April 17, 2020, CT scan, Thompson did not have appendicitis, and surgery was not necessary.

Jury Verdict

The trial lasted two weeks. On September 23, 2024, the Tennessee jury determined that Burner was “not at fault,” so they did not consider the responsibilities of the Plaintiff’s parents, apportionment, or damages. Defendant Dr. Burner was cleared of allegations of medical negligence.

Court Documents:

Available upon request