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Medical suit: rare outcome

by: KIM ARCHER World Staff Writer
Monday, November 23, 2009
11/23/2009 1:00:29 PM

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Eleven-year-old Tyler Tipton loves basketball. If he could play the game, he would. But he can only watch.

"He'd love to be out there," said his mother, Misty Tipton. Instead, Tyler sits on the sidelines in his wheelchair.

He can't talk. He can't feed himself. And he can't walk.

He will turn 12 on Dec. 14. That's the day a dozen years ago he was injured at Carl Albert Indian Hospital in Ada as nurse midwives induced labor and used suction to extract him without the required supervision of a physician.

"I had never seen a midwife when I went for prenatal visits," said Tipton, who lives in Kenefic, a small town in southern Oklahoma. "I was supposed to see a doctor for the induction. They paged the doctor, but he never did come."

As a result of the botched birth, Tyler suffered a brain injury and is permanently disabled, Tipton said.

Tipton and her husband, Jeff, filed a lawsuit in federal court against the hospital and medical staff. The hospital is part of the federal Indian Health Service, and the U.S. government settled the case in 2001 for around $5 million. Nearly all the money was placed in a trust to be used for Tyler's care, the costs of which are staggering.

The Tiptons' case is unusual, first in that the couple received a settlement and second for the amount of that settlement.

In Oklahoma, few plaintiffs actually win cases. Some cases are settled out of court, but most of those cases come with nondisclosure agreements to protect doctors and health practitioners from being exposed, several Oklahoma malpractice lawyers told the Tulsa World.

"Last year, nobody won a case in Oklahoma," said Gary Brooks, whose Oklahoma City practice focuses on medical negligence. He also is a member of the Oklahoma State Board of Medical Licensure and Supervision, which oversees the practice of medicine in the state.

"There is no medical malpractice crisis," he said. "It's a lot of hype and frankly, bulls---."

According to a U.S. Justice Department study of 2001 medical malpractice cases, punitive damages were awarded in only 5 percent of cases in which the plaintiff won.

Misty Tipton says she remembers sitting in with lawyers and U.S. attorneys to settle Tyler's case.

"A woman for the government had to leave early because her daughter had a dance recital," she said. "I thought, 'Tyler will never get to do that." They just go on and live their lives."

After his birth, Tyler was flown by MediFlight to the University of Oklahoma's Children's Hospital in Oklahoma City, where he spent 28 days in the neonatal intensive care unit, Tipton said.

While there, she and her husband met other parents who had similar stories to tell involving Carl Albert Indian Hospital, she said. That's when they decided to sue.

"Apparently, this was not the first time or the last time they have done this," she said. "The money the government spent on all the lawsuits could have been used to hire good professionals. Instead, they're damaging kids and ruining their lives."

When Tyler wants something, he smacks his mouth or stomps his foot.

"He does pretty good, but he's a full-time job," Tipton said. The boy is in sixth grade at Coleman Elementary School, where Misty is an aide for her son.

"He doesn't speak, but he can do some signs," she said.

Tyler has seizures, which means one parent must sleep in the room with him every night. The Tiptons have two other children, Mackenzie, 6, and Ethan, 3.

"They're really good with him," Tipton said.

Tyler's intellect was not damaged, and he loves reading books and playing games on the computer. But he becomes frustrated when he can't communicate or do things other kids his age are doing.

"What happened we can't undo, but I don't think (Carl Albert) ever got a slap on the wrist," Tipton said.

Kim Archer 581-8315
kim.archer@tulsaworld.com

Associate Images:

Misty Tipton feeds her son, Tyler, who at almost 12 years old, can't walk or feed himself. Tipton settled a case against Carl Albert Indian Hospital in Ada that she brought because of medical mistakes made during Tyler's birth.DAN HOKE for the Tulsa World

Misty Tipton helps her son, Tyler, take a drink. Tipton settled her case that she brought against Carl Albert Indian Hospital because of injuries Tyler sustained at birth. DAN HOKE for the Tulsa World

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