Dedeaux v. Whitlock

Case Background

The estate of Carey Dedeaux filed a medical malpractice lawsuit against Dr. Richard Whitlock, a family physician, after failing to diagnose a heart infection which eventually led to Dedeaux’s wrongful death. The case was filed in the Jackson County Court, Mississippi. Judge Calvin Taylor presided over this case. [Case number: 20-151]

Cause

Carey Dedeaux, a 64-year-old resident of Kiln, was a long-time patient of Dr. Richard Whitlock, a family practice physician in Moss Point. Although Dedeaux’s medical history was mostly routine, he had a defibrillator implanted around 2005. Over the years, Dr. Whitlock treated him for conditions such as degenerative disc disease, obesity, and impotence.

On May 13, 2019, Dedeaux visited Dr. Whitlock with complaints of malaise, dizziness, aching joints, fever, and a 20-pound weight loss, which he attributed to dieting. Dr. Whitlock suspected dehydration from a steroid prescription. A month later, on June 13, 2019, Dedeaux returned, reporting back pain and fever. Dr. Whitlock maintained the steroid treatment.

On June 20, 2019, Dedeaux went to the emergency room at Ochsner-Northshore with low back pain. A week later, on June 27, he visited Dr. Whitlock again, complaining of persistent back pain and a new cough. Dr. Whitlock advised continuing the steroid regimen and suggested a follow-up in a few months.

On July 16, 2019, Dedeaux sought answers during a fourth visit, as his symptoms had worsened. Dr. Whitlock attributed his condition to reduced steroid dosage and recommended a cardiology consultation. The next day, a cardiology nurse practitioner ordered blood cultures, which revealed a rare heart infection, enterococcus faecalis, linked to his 2005 defibrillator.

Dedeaux was hospitalized at Singing River Hospital and treated with intravenous antibiotics. He was discharged on July 30, 2019, with plans to remove the infected heart device. However, two days later, he developed respiratory distress and was transferred to Forrest General Hospital in critical condition. On August 5, 2019, Dedeaux died from septic shock caused by the infection.

Damages

The Dedeaux estate filed a lawsuit claiming Dr. Whitlock failed to diagnose the endocarditis infection. Additionally, the estate pursued a separate claim against Singing River Hospital for its care during Dedeaux’s hospitalization from July 22 to July 30, 2019. Since the hospital is a state entity, the claim fell under the Mississippi Tort Claims Act and was separated from the medical malpractice case against Dr. Whitlock. The trial focused solely on the allegations against Dr. Whitlock.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Carey Dedeaux
    • Counsel for Plaintiff(s): Joe Sam Owen | Mitchell Owen | Mariano J. Barvie
    • Experts for Plaintiff(s): Dr. John MacGregor
  • Defendant(s): Dr. Richard Whitlock | Singing River Hospital
    • Counsel for Defendant(s): John A. Banahan | Jessica B. McNeel
    • Experts for Defendant(s): Dr. Christopher Shelby | Dr. Henry Waterer

Claims

The Dedeaux estate filed a lawsuit claiming Dr. Whitlock failed to diagnose the endocarditis infection. Additionally, the estate pursued a separate claim against Singing River Hospital for its care during Dedeaux’s hospitalization from July 22 to July 30, 2019. Since the hospital is a state entity, the claim fell under the Mississippi Tort Claims Act and was separated from the medical malpractice case against Dr. Whitlock. The trial focused solely on the allegations against Dr. Whitlock.

Defense

Dr. Whitlock argued that during the first three visits (May 13, June 13, and June 25, 2019), Dedeaux’s symptoms did not indicate endocarditis. He explained that this rare and challenging condition had no clear signs at the time. Instead, Dedeaux’s symptoms aligned with the side effects of his steroid use and his history of degenerative disc disease. Whitlock noted that the weight loss was intentional since Dedeaux had been actively trying to lose weight.

On July 16, 2019, during the fourth visit, new evidence suggested a potential cardiac issue. Whitlock responded promptly by referring Dedeaux to a cardiologist. The cardiologist ordered a blood culture the following day, which confirmed the infection diagnosis.

Expert Testimony

The estate’s expert, Dr. John MacGregor, a cardiologist from San Francisco, argued that Dr. Whitlock should have investigated a cardiac cause during any of the four visits (May 13, June 13, June 26, and July 16, 2019). Dr. MacGregor said this could have been accomplished through a blood culture or other diagnostic tests.

He contended that continuing steroid treatment worsened the situation, allowing the infection to progress unchecked. This led to damage to Dedeaux’s aortic valve and, ultimately, his death. Dr. MacGregor maintained that timely intervention, such as administering intravenous antibiotics, could have controlled the infection and prevented this outcome.

In response, the defense presented two experts: Dr. Christopher Shelby, a family practice physician from Biloxi, and Dr. Henry Waterer, a cardiologist from Jackson. Dr. Waterer emphasized that diagnosing such a rare condition was beyond what could reasonably be expected of a family practice physician.

Jury Verdict

The trial took place over a week in Pascagoula. On October 18, 2024, the jury returned a verdict in favor of Dr. Whitlock, finding no liability. As a result, the estate received no compensation. A defense judgment was entered in this medical malpractice lawsuit, which clarified that it did not impact the pending claims against Singing River Hospital.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com