The parents of a five-year-old Henry County girl who died after going an urgent care have reached a settlement with the clinic.

Last June, the parents of Kensley Kirby took her to the Family Medical Clinic in McDonough after she fell and broke her arm.  She died after physician's assistant Allan Imes accidentally gave her three times the recommended dose of Lidocaine to set her arm.

Kensley's father, Kenny Kirby, tells Channel 2 Action News they had no idea that Imes was not authorized to do such a procedure.

"We've been to that clinic before on a couple of different occasions and we trusted them," said Kirby.

Last fall, the medical board lifted Imes' suspension, allowing him to work under a long list of conditions.  The Kirby's sued the clinic and recently settled out of court.  The financial terms are confidential.

"Obviously a settlement doesn't matter.  We'd love to have our daughter back," said Kirby.

Kensley's mother says the most disappointing part is that under the agreement, neither the clinic nor Allan Imes accepted any fault.

"He didn't do what he was supposed to do. He didn't check.  At the end of the day, he was in charge," said Kirby.

The clinic's director issued a statement saying "We pray for the Kirby family daily and can't express enough how sad we are for their loss."  Regarding Allan Imes:  "Our patients know he is a good man, a good provider, and he cares for them deeply."



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