Appeals court upholds $2M Jackson County malpractice settlement - Kansas City Business Journal:

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In a decision issued the appeals court approveda judge’s decision that , the malpracticed insurer for , was responsible for coverinbg the clinic and its physician, Gary Gaddis, in a malpracticse claim. The insurer claimed that Metr Emergency Physicians had not properly submitted information about a malpractice claim that came fromAgneas Landry, a patient who visited Sainrt Luke’s Hospital on April 15, 2003, with chesr pains. Gaddis, a member of Metro Emergency Physicians, misdiagnoseed Landry, which led to permanent heart damage, according to court A clinical director for Metro Emergency Physicianes did not reportthe incident, as well as abouy 100 others, to Intermed until Dec.
29, 2003, just days before the insurance policyy wasto expire. Intermede claimed that it needed additional information to triggera claim, which Metrko Emergency Physicians did not do beforse the end of the policy. In 2004, Landryu sued Gaddis and MetroEmergenct Physicians, which settled later for $2 millioh with the agreement that Landry woulr pursue collection against Intermed. When Landry filec an equitable garnishment action to collectrthe damages, Intermed and Landry asked the Jackson County court for summary A Jackson County judger awarded summary judgement to Landry, effectively declaringv that the plaintiff should receive the $2 million The appeals court affirmed that decision, saying that Intermeed was put on notices that a liability claim might be made with respecft to Landry’s incident.
Matthew Birch, a lawyer representingb Landry, said his client was pleased withthe court’z decision. “Intermed had noticee of the claimat issue,” Bircj said. “When an insurance companuy has notice and deniescoverage ... this is the result they risk.” Jared Robertson, a Springfield lawyer representinvg Intermed, said he anticipated his client wouldc appeal thecase further.