Trial Magazine

Peter Smith, 25, went to Mercy Hospital, complaining of a spreading rash, fever, chills, dizziness, and a recent headache. Emergency physician John Henson noted that Smith’s initial thigh lesion was slightly target-shaped and that he had developed approximately 10 to 20 lesions. Henson diagnosed erythema multiforme and a viral illness.

Two weeks later, Smith returned to the hospital with the same complaints. Henson again diagnosed erythema multiforme and also diagnosed hives. Five days later, Smith was taken by ambulance to another facility, where he was diagnosed with Lyme disease and Lyme carditis.

Smith died of Lyme carditis eight days later. He had been an audit associate and is survived by his parents.

Smith’s parents, on behalf of his estate, sued Henson and Mercy Hospital for wrongful death. The plaintiffs asserted that Smith’s symptoms were suspicious for Lyme disease when he first presented to the hospital. Despite this, the plaintiffs alleged, Henson failed to provide reasonably competent medical care and noted that Smith had no signs of Lyme disease. The plaintiffs claimed approximately $3.3 million in lost earnings but did not claim past medical expenses.

The jury awarded $6.5 million.

Citation: Smith v. Henson, No. CV-21-151 (Me. Super. Ct. Cumberland Cnty. Feb. 1, 2023).

Plaintiff counsel: AAJ members Jodi Nofsinger, Susan Faunce, and Sarah Hall, all of Lewiston, Maine.