Shirley v. Smith

Elliott, J.:

In this tragic medical negligence case, the jury returned a verdict of $457,000 in favor of plaintiff Michelle Shirley. Defendant Dr. U. Duane Smith appeals, claiming the trial court erred in admitting evidence and in allowing plaintiff to claim economic damages for her loss of time spent in catheterizing herself. We reverse and remand for a new trial.

Plaintiff was referred to defendant for a bone marrow aspiration. Plaintiff contends defendant negligently punctured her spinal canal, resulting in permanent damage to her bowel and bladder. Plaintiff now is unable to completely…