Burch said Koons and Barrett didn't do enough to get to the source of Kelsey's abuse and accepted claims from Smith that Kelsey's injuries were accidental. Child welfare workers relied on the physicians' reports to make decisions about Kelsey's care, Burch said.
Conflict of interest?
The judge also threw out Briggs' claim that Kelsey suffered repeated abuse and neglect because Koons had a conflict of interest that prevented her from competent medical judgment. Koons' brother, Shawnee attorney Greg Wilson, represented Kelsey's mother in a custody battle with the child's paternal grandparents.
Combs said there was no evidence Koons provided a different standard of care for Kelsey because of her brother.
"It's our belief that Wilson referred Raye Dawn to his sister for a reason,” Burch said. "It would have been reasonable and prudent under professional standards for Dr. Koons to refer Kelsey to another doctor.”
This is the second civil lawsuit Briggs has filed over the death of his daughter.
On May 18, 2006, he filed a lawsuit in Oklahoma County District Court alleging a systemwide failure to investigate who was abusing Kelsey.
The case was moved to federal court in Oklahoma City.