Professional Negligence Law Reporter

Richard Secrest, who was approximately 60 years old, went to a hospital, suffering from rectal bleeding and abdominal pain. He allegedly was diagnosed with possible gallbladder carcinoma, and he was subsequently transferred to a VA hospital. There, he allegedly was seen by various physicians and underwent a liver biopsy on the sixth day of admission. Secrest was discharged with plans for an outpatient cholecystectomy several weeks later.

During a subsequent tele-visit, Secrest allegedly was told that the pathology was negative for malignancy and that he would undergo the cholecystectomy in three weeks. Secrest died at home that week. The cause of death was listed as calculous cholecystitis. He is survived by his sibling and father.

Secrest’s estate sued the United States, alleging it was vicariously liable for its physicians’ medical negligence. The plaintiff asserted, among other things, that the defendant was liable for the failure to timely diagnose and treat signs of calculous cholecystitis. Suit claimed Secrest should have undergone an emergent cholecystectomy with drainage of his abscess and should not have been discharged prematurely.

The parties settled for $395,000.

Citation: Secrest v. United States, No. 22-cv-12929 (E.D. Mich. May 9, 2024).

Plaintiff counsel: AAJ members Ven R. Johnson and Kanwarpreet S. Khahra, both of Detroit; and William McHenry, Farmington Hills, Mich.