HOT SPRINGS — The parents of a Hot Springs girl who died after contracting the swine flu virus in 2009 have filed suit against a hospital and its physicians, alleging negligence.
The parents of Kharra Davis filed the wrongful-death lawsuit in Garland County Circuit Court against National Park Medical Center, National Park Medical Center Auxiliary Inc., Drs. Eugene Shelby and Mark Russell, and registered nurse Janis Peterson.
National Park Medical Center, National Park Medical Center Auxiliary and Peterson denied the lawsuit’s allegations in responses filed in Garland County Circuit Court on Monday.
Mandy Golleher, the hospital’s marketing director, issued a statement Monday, saying “National Park Medical Center wishes to convey sincere sympathies to the Davis family for the tragic loss of their daughter. We’re proud of the quality patient care we provide to the community and we will certainly cooperate with the legal process affiliated with this case to the extent necessary.”
Hot Springs attorney J. Sky Tapp represents the Davises in the lawsuit, which seeks a jury trial. Tim Boone of the Huckabay, Munson, Rowlett and Moore law firm of Little Rock represents the hospital system and Peterson in the litigation.
Rebecca and Daniel Davis, administrators of the estate of Kharra Davis, who was 6 years old at the time of her death, claim that on Sept. 6, 2009, Rebecca Davis took her daughter to the National Park Medical Center’s emergency care unit. The child had a high fever, was throwing up and had a throbbing headache and diarrhea.
According to the lawsuit, the child was tested for the influenza A and influenza antigen, and the tests showed a presumptive negative test for both.
“At this time, decedent’s mother notified the triage nurse, Janis Peterson, who informed the attending physician Dr. Eugene Shelby, that the decedent had been exposed to the H1N1 virus by another child who rode on her school bus. On the advice of Dr. Shelby, Kharra Davis went home with her mother with instructions to get rest and drink liquids,” the lawsuit alleges.
The suit notes that about 4 p.m. on the same date, Kharra’s fever “spiked to 104.7 Fahrenheit and she was having trouble breathing.” She was returned to the hospital’s emergency care unit about 4:30 p.m. and was admitted to the hospital.
Arkansas, Pages 14 on 09/29/2010