EPHRATA — A civil suit filed in Grant County Superior Court is alleging medical negligence at Confluence Health’s Moses Lake clinic. The suit, filed by Ephrata resident Kirk Ackley and his wife, stems from Kirk Ackley visiting Confluence Health in Moses Lake on Oct. 8, 2010.

Dr. Dennis Kearns ordered a chest X-ray for Ackley and believed it revealed a possible pulmonary nodule in his right lung. Kearns reportedly stated he would consult with radiology about obtaining a follow-up CT scan to get a better view of the suspected nodule.

On Nov. 19, 2010 Ackley went in for a chest and abdominal CT scan, per the order of Kearns. The radiologist who read the CT scan was able to confirm the existence of a 7.7 mm nodule in Ackley’s right lung. The suit alleges that Confluence’s employees didn’t follow up on the CT scan and that Ackley wasn’t informed of the results until 2016.

Confluence Health could not be reached for comment on this story. Ackley's attorney was also unavailable this week for further comment. 

In early 2016 Ackley was treated for a cough and fatigue with antibiotics, but when his symptoms did not go away he was prescribed and received a chest X-ray in March. The X-ray reportedly showed an abnormality in his right lung and on May 10, 2016 he went in for another chest CT scan.

The scan revealed a 4.5 cm nodule in Ackley’s right lung. The nodule tested positive for malignant adenocarcinoma of the lung, also known as non-small cell lung cancer.

Ackley was later diagnosed with cancer of the brain and spinal cord and underwent emergency treatment of the cancers. “In the near future he is scheduled to receive radiation and chemotherapy treatments,” reads the suit. “Pathology studies revealed that the cancer in the brain originated in, and had metastasized from his (Ackley’s) right lung.”

The suit claims that Confluence Health was negligent in their duty to provide proper medical care and treatment. The complaint for medical negligence and personal injury damages alleges that Confluence failed to effectively communicate, coordinate, follow-up, and/or provide proper medical care and treatment to Ackley after the initial CT scan on Nov. 19, 2010 confirmed the nodule in his right lung.

“Wenatchee Valley Medical and/or Confluence Health failed to exercise reasonable care to adopt, monitor, and/or enforce the necessary rules, standards, protocols, policies, procedures, and/or systems to ensure that critical results of diagnostic tests (such as CT scans) were properly charted, processed and/or communicated; and that timely and effective follow-up medical care and treatment based theron was provided to their patients, including Kirk L. Ackley, following the confirmation of a possibly life threatening condition,” states the suit.

The suit also states that Confluence’s alleged failure to provide proper medical care caused injuries and damages to Ackley’s wife. In response to the allegations, the Ackleys are asking: 

A judgment be entered against Confluence for both past and future special damages, in amounts to be proven at trial.

A judgment be entered against Confluence for past and future general damages, in amounts to be proven at trails.

Attorney fees, costs and litigation costs to be awarded in favor of the Ackleys.

Prepayment interest of all known damages.