Professional Negligence Law Reporter

Grayson Millerd underwent a bronchoscopy to biopsy a nodule found during a chest CT scan. Five days later, he went to the ER at Central Arkansas Veterans Healthcare System, suffering from fever, chills, coughing, forehead pressure, and increased fatigue. He was evaluated, sent for a chest X-ray, and diagnosed with acute bronchitis. A physician discharged him with a prescription for an antibiotic and instructions to return to the ER if his condition worsened. Two days later, Millerd returned to the ER by ambulance and was diagnosed as having pneumonia. He underwent surgery, during which it was discovered that he was suffering from necrotizing fasciitis of the anterior neck and chest. He required several subsequent surgeries to remove the infection.

Millerd sued the United States, alleging claims under the Federal Tort Claims Act. The plaintiff asserted that treating nurses breached the standard of care by failing to screen him for sepsis and communicate properly with an attending physician about his condition. Suit also alleged the attending physician failed to obtain an adequate history, review the nursing notes, and conduct a proper physical examination. Additionally, the plaintiff claimed he had been misdiagnosed as having bronchitis.

The court awarded approximately $1.05 million, which it later increased by $1 million.

Citation: Millerd v. United States, No. 4:21-CV-00416-BRW (E.D. Ark. May 5, 2023).

Plaintiff counsel: AAJ member Bud B. Whetstone and Richard N. Watts, both of Little Rock, Ark.; and William Bryan Smith and Chad D. Graddy, both of Memphis.