Two area doctors found liable in lawsuit over woman's ulcer

BENTON, Mo. -- A Scott County jury has awarded $1.2 million to a family alleging medical malpractice in the handling of an Essex, Mo., woman's ulcer in 2002.

In the lawsuit, tried over four days ending Wednesday, the jury found that Dr. W.J. Stoecker of Cape Radiology Group and Dr. James D. Meritt of Essex were equally liable for the death of Ruthie Lacey, said David Zevan of St. Louis, the attorney for Lacey's family.

The award is the largest allowable under state law at the time the lawsuit was filed, Zevan said. State lawmakers have since reduced the limit to a maximum of $350,000 for medical malpractice cases.

Lacey was 57 when she died April 7, 2002, at Missouri Southern Healthcare in Dexter, Mo., following emergency surgery for a perforated ulcer, Zevan said. The surgery came two days after Lacey first visited Meritt complaining of severe stomach pain, he said.

On April 5, 2002, Meritt sent Lacey to Missouri Southern for a CT scan, with instructions for him to be called when it was complete, Zevan said. The scan was read remotely by Stoecker, who was at Cape Radiology's offices in Cape Girardeau at the time and missed the evidence of the ulcer visible on the recording of the scan, Zevan said.

Meritt didn't follow up on the test, and Lacey was sent home. She returned the next day, again in severe pain. A correct diagnosis was made, and she was taken into surgery, Zevan said.

"Had the proper diagnosis been made and communicated, she had at least an 80 percent chance of survival," Zevan said. "Because it had gone over 24 hours, there was no chance of saving her."

A perforated ulcer is a severe, untreated ulcer that burns through the wall of the stomach, allowing digestive juices and food to enter the abdominal cavity. It generally requires immediate surgery. Lacey had no history of ulcers, Zevan said.

The lawsuit originally named the hospital, Cape Radiology and the two doctors, but the hospital and Cape Radiology were dropped from the lawsuit, Zevan said. The mistakes were made by the doctors, not the hospital or Cape Radiology, he said.

The jury awarded $600,000 for past damages and $600,000 for future damages, mainly the loss of companionship, to Susan Coleman of Poplar Bluff, Mo., the daughter of Jim and Ruthie Lacey. Half the liability was assessed against Merritt and half was assessed against Stoecker, Zevan said.

"I think it was a fair verdict based on the evidence," he said. "We did not ask for punitive damages. This was an unfortunate mistake."

Attempts to reach Meritt, Stoecker and their attorneys were unsuccessful.

The case was originally filed in St. Louis, where Zevan practices law, but moved to Scott County by mutual agreement of the parties, Zevan said.

The doctors have 30 days to file motions after the trial and can appeal the verdict, Zevan noted.

rkeller@semissourian.com

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