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Stormont Vail doctor who removed wrong organ can be sued after tie in Kansas Supreme Court

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Stormont Vail doctor who removed wrong organ can be sued after tie in Kansas Supreme Court


A rare tie in the Kansas Supreme Court means a Stormont Vail Health patient will be allowed to continue her lawsuit against the Topeka hospital and a doctor who removed the wrong organ.

When Jeannine Williams-Davidson had a surgery to remove her adrenal gland at Stormont Vail, physician Nason Lui removed part of her pancreas instead.

The patient sued, but courts have been divided on whether you need to be a medical expert to decide that a doctor violated the standard of care by cutting out a chunk of a healthy organ while leaving untouched the one with a noncancerous tumor.

Medical expert not needed when common sense is enough

Kansas law typically requires plaintiffs to offer expert testimony in medical malpractice cases because jurors generally are not experts in medicine. But there is a common sense and knowledge exception that applies when a patient’s care was “so obviously lacking” and “the results are so bad” that it would be apparent to an average person.

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Douglas County District Court previously ruled against the patient because she didn’t have a medical expert. That dismissed the claims without having a jury trial.

A divided three-judge panel of the Kansas Court of Appeals disagreed and reversed the decision in July.

“When the surgeon misidentifies and removes all or part of a healthy organ, leaving the organ the surgeon intended to operate on untouched, the common-knowledge exception alleviates the need for expert testimony to establish the standard of care or a breach of that standard,” wrote judges Amy Fellows Cline and Jacy J. Hurst.

Judge David E. Bruns dissented, arguing it shouldn’t apply because it was inadvertent.

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“The average lay person would not have the knowledge necessary to determine whether this mistake rose to the level of a breach of the appropriate standard of care by a surgeon,” Bruns wrote. “In other words, I do not believe it is patently obvious that the bad result occurred due to a breach of reasonable care.”

The doctor and hospital then appealed to the Supreme Court.

More: Kansas court rules Stormont Vail doctor who removed the wrong organ can still be sued

Kansas Supreme Court tied

Ties are not common at the Kansas Supreme Court, which has seven justices. But it has happened in the past, at least as recently as two years ago, when a justice recused himself from a case that he had been an attorney on before joining the bench.

When a tie happens at an appellate court, the lower court ruling stands.

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In this ruling, Justice Eric Rosen recused himself and the other six were equally divided. Justices Dan Biles, K.J. Wall and Melissa Taylor Standridge would have affirmed the Kansas Court of Appeals reversal of the Douglas County District Court. Chief Justice Marla Luckert and justices Caleb Stegall and Evelyn Wilson would have reversed the appeals court and sided with the district court.

Friday’s ruling didn’t include any legal reasoning from the two camps.

Attorneys argue over common knowledge

Prior to Friday’s ruling, the high court held oral arguments on Jan. 31.

Lui and Stormont Vail were represented by Cynthia J. Sheppeard, of Topeka law firm Goodell, Stratton, Edmonds & Palmer.

Sheppeard said that Lui and a second doctor who assisted on the laparoscopic surgery him would “testify that what happened sometimes happens, even with the best of care.” She said he admits he made a mistake, but a mistake doesn’t necessarily mean it was negligence.

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“They were so close together, and the adrenal and the pancreas looked so much alike, and there was blood in the field, he’d been removing the adhesions,” she said. “Between the two of them, they thought they were removing the adrenal.”

Williams-Davidson and her husband, Jeffrey Davidson, were represented by Jason Belveal, of Belveal Law Office in Holton.

“I do believe that if you say to a person, I went in for surgery and my doctor left behind the diseased organ, cut out a healthy organ — or a big part of a healthy organ — any person off the street is going to go, ‘Yikes, something went wrong on that,’” Belveal said.

Belveal said a jury should get to decide, after hearing the facts of the case, whether that’s medical malpractice. He described opposition to common knowledge applying in this case as “elitist protection.”

“Is it justice for all, or is it justice for those folks who can afford an expert to come in and say, ‘No, this this is wrong,’” he said, adding that “at some point, we should trust the jurors to be able to make certain decisions.”

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Jason Alatidd is a Statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.





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‘A breaking point’ Kansas City Activists reflect on five years after George Floyd protests

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‘A breaking point’ Kansas City Activists reflect on five years after George Floyd protests


KANSAS CITY, Mo. (KCTV) – It has been five years since the killing of George Floyd, a moment that ignited nationwide protests and renewed demands for racial justice and police reform. In Kansas City, some protestors feel their calls for justice remain unanswered.

At Mill Creek Park on the Country Club Plaza, where demonstrations erupted in May 2020, community members gathered to reflect on the progress made and the work that remains.

Demonstrators recall scenes of chaos that unfolded during the protests. People recall shielding their eyes from tear gas, seeing water bottles thrown, and people getting trampled in the crowd.

“That situation that day, man, it changed the look of America,” said Pat Clarke, a longtime community outreach advocate who was on the ground trying to de-escalate tensions.

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Eric Morrison, senior pastor at Kingdom Word Ministries, said what he witnessed shows how cries for racial justice in the wake of George Floyd’s death reached a tipping point in Kansas City.

“When you see something like that happen to a person, and knowing this country’s history, you recognize a breaking point,” Morrison said. “As a 62-year-old Black man, it’s the repetitiveness of it. If I’ve seen it once, I’ve seen it again.”

Now, five years later, questions remain whether the city has truly seen progress.

Despite the passage of time, many activists say their calls for justice remain unanswered.

“It still hasn’t changed for me,” said Morrison, “until we see policies being implemented, when we see police officers that have been in these places abusing people white, black or whatever, and they’re still on the force, and they’re being suspended with pay… until that goes away, until they are literally charged with a crime, then it’s there and it’ll be there,” he said.

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Since 2020, city leaders say some reforms have been made. Kansas City Mayor Quinton Lucas pointed to new transparency efforts, including more opportunities for public comment during Board of Police Commissioners meetings and shifting officer-involved shooting investigations to the Missouri State Highway Patrol.

“Often, rioting is the voice of the unheard,” Lucas said. “A lot of people felt unheard in the system and the process. Hopefully, after all these years, people feel more heard.”

According to a KCPD spokesperson, 2020 also marked the rollout of body cameras for officers and updated use-of-force training. Chief Graves implemented ICAT training for our law enforcement members, which stands for Integrating Communications, Assessment, and Tactics. KCPD describes it as an ‘innovative and evidence-based approach’ to use-of-force training.

Clarke said it’s hard to tell where change is headed.

“I’d say it’s changing,” he said. “But in what direction? I can’t tell you.”

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He has had ongoing conversations with local police about what police reform could look like, even proposing the idea of sensitivity training.

“There’s a lot of officers who come in that’s never dealt with a community like this before,” said Clarke, “They didn’t grow up in one.”

Activists say the next step forward must involve community unity and legislative action.

“Things have to change in that way because behind the blue wall is freedom.”

Meanwhile, city leaders say the work for justice continues.

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“It’s making sure that when we talk about Black people — in Kansas City, Missouri, Kansas, and America — that we’re actually standing up for victims in more situations,” said Mayor Quinton Lucas. “On the accountability side, including with policing and the city more broadly, it is making sure that we’re not only paying high legal settlements — which we do — but also making sure that we’re finding ways to not be in those settlements at all. That we’re doing the training necessary to not get in those situations.”

It has been five years since the killing of George Floyd, a moment that ignited nationwide protests and renewed demands for racial justice and police reform.(KCTV5/Nydja Hood)



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Kansas Football Battling With Two Elite Programs for Defensive Recruit

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Kansas Football Battling With Two Elite Programs for Defensive Recruit


On Wednesday, highly touted defensive tackle Alister Vallejo announced he would be making his college decision on June 10 between the Kansas Jayhawks, Michigan Wolverines, and Notre Dame Fighting Irish.

A powerful 6-foot-3, 310-pound star, Vallejo is one of the best interior linemen in his graduating year. 247 Sports ranks him the No. 203 overall player and No. 32 defensive lineman in the Class of 2026.

He is an incoming senior at Liberty Hill High School in Texas, where he totaled 51 tackles, seven sacks, and nine tackles for loss last year, according to MaxPreps.

Lance Leipold will have to compete with two of the best football programs in the country in the race to acquire Vallejo.

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Perhaps the biggest competition KU faces is Notre Dame, as he is scheduled to take an unofficial visit to the campus next week.

Following that trip, Vallejo will officially visit Kansas starting June 6. He previously met with the coaching staff in Lawrence in March.

The Jayhawks have been involved in Vallejo’s recruitment for quite some time, becoming just the second FBS school to offer him a scholarship this past January.

Some encouraging news is that his visit to Kansas will be his last before his college decision on June 10.

In what has been an incredible 2026 recruiting class for KU, Vallejo would be the latest impressive commitment if Leipold and Co. could land him.

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Kansas House Democrats kick off statewide tour in Topeka on Thursday

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Kansas House Democrats kick off statewide tour in Topeka on Thursday


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  • Kansas House Democrats are launching an 11-stop “Fight Back Tour” across the state, including areas where they’ve lost electoral support.
  • Democrats acknowledge the challenge of localizing political discourse in a nationalized environment, aiming to shift focus from Trump to state-level issues.
  • The tour targets areas with little to no Democratic representation, seeking to counter negative perceptions and rebuild support for 2026.

Kansas House Democrats are kicking off their statewide “Fight Back Tour” at 6 p.m. May 29 at Compass Point, 800 N. Kansas Ave. in Topeka, in an 11-stop tour that mostly focuses on regions Democrats have fallen out of favor electorally.

Every House Democrat will be featured in at least one stop on the tour. In Topeka, three current Topeka Democrats will be involved, as well as two former representatives, House Minority Leader Brandon Woodard and Gov. Laura Kelly.

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Rep. Kirk Haskins, D-Topeka, said he’s viewing the tour as a way to hear from voters as much as it is about sharing a message with them.

“I’m going to focus a lot on learning more from the constituents on what we need to be focusing on. That’s my primary goal,” Haskins said.

As the ranking member of the House Committee on Elections, Haskins said he plans to spend some of his speaking time on updates in election law — specifically Senate Bill 4, which repealed a law allowing the acceptance of mailed ballots three days after Election Day.

He also plans to speak about school funding and workforce development.

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Rep. Alexis Simmons, D-Topeka, said her message will be about “the complete and total abuse of power that takes place in the state Legislature.”

“We’re forced to vote on bills that we’ve not had a chance to review because the leadership knows that they’re unpopular, quite honestly, and they don’t want to give the public a chance to speak out against them,” Simmons said.

All politics is national

All politics is local, a longtime truism of American campaigning, no longer seems true with politicians increasingly following the lead of the national news cycle.

Grassroots Democratic opposition in the wake of the 2024 election has largely been focused on the Trump administration. The 50501 Protest movement, a loosely affiliated network of sources primarily organizing through online communities, has largely channeled frustrations about the Trump administration rather than on politicians that are closer to home.

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Contentious town halls where Republicans were peppered with tough questions by attendees were usually targeted at members of the U.S. Congress and Senate.

The House Democrats in their tour will try to avoid making the tour about President Trump, but acknowledge the subject is unavoidable when discussing politics.

“We really want to talk about the stuff that people may not have heard about in the news that is going to affect them more directly than all the huge headlines that are coming down from Washington,” said Nicole Norvelle, communications director of the House Democrats.

Explaining the process and responsibilities of state, local and federal politics is half the battle, according to Haskins and Simmons. Haskins said when campaigning, he’s often asked about things like potholes, a local issue or about goings-on at the federal level.

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Simmons said conversations about Trump can be brought back to the local level.

“A lot of the things taking place right now in our Legislature, we could fight back on if it were not held by a supermajority that is hyper and blindly loyal to President Trump,” Simmons said.

Campaigning outside of Democratic strongholds

Though three stops of the tour are in areas with Democratic representatives in the House, the remaining eight will be held in areas where there is no current representation in the Kansas House.

“This is our effort to go out across the state and talk to Kansans who don’t normally hear from us, so that they know that we’re gearing up for 2026 to win back seats, and that we’re not going to take what happened this last year lying down,” said Nicole Norvelle, communications director of the Kansas House Democrats.

Norvelle said House Democrats are working with county-level parties to select the right speakers for each community.

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In Newton, that means selecting representatives Democrats think will resonate with Bethel College students. In Garden City and Dodge City, that means selecting representatives Democrats think will connect with Hispanic populations.

Countering Democratic unpopularity

Polling after the elections shows Democratic voters are pessimistic about their party, with a Associated Press-NORC Center for Public Affairs poll in May showing just one-third of Democrats are optimistic about their party, down from 6 in 10 in July.

“I think the perception of Democrats has just really altered over the years, I think that’s the general consensus, is people have a new idea of what a Democrat is, which is a very elitist image,” Norvelle said.

Norvelle said House Democrats will focus on issues like health care access, affordable housing, supporting public schools and combating tax cuts for the rich to counter the narrative.

“This is a great starting point to really connect with people and say, ‘Hey, this idea you have of Democrats is not correct. A lot of the policies that were created this year by the Republicans are going to hurt you, your family, your business,’” Norvelle said.

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Democrats don’t hold a seat in many of the communities they’re visiting, but it’s not unprecedented for some representation in central and west Kansas.

Hutchinson, which the tour will stop at on June 20, elected former Rep. Jason Probst, D-Hutchinson, as recently as 2022. All House representatives from Leavenworth are Republican, but former Sen. Jeff Pittman, D-Leavenworth, was elected in 2020.

“I think showing that we’re not the big, bad scary libs is a good place to start,” Simmons said. “A lot of these places have historically been held by Democrats, and so the more we can define ourselves as fighters for working class Kansans, the more successful we’re going to be.”

Here are the communities House Democrats will appeal to

Following are the towns and dates at which House Democrats will appear in a statewide “Fight Back Tour.” Times for most appearances haven’t been announced yet.

  • Topeka, 6 p.m. May 29.
  • Wichita: June 5.
  • Newton: June 6.
  • Hutchinson: June 20.
  • Abilene: June 21.
  • Garden City: July 18.
  • Dodge City: July 19.
  • Pittsburg: July 24.
  • Hays: Aug. 15.
  • Kansas City, Kansas: Aug. 21.
  • Leavenworth: Aug. 28.



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