MCDONOUGH, Ga. — The parents of a 5-year-old girl who died after showing up to a Henry County urgent care with a broken arm have reached a settlement with the clinic.
Kensley Kirby died after treatment at the Family Medical Clinic in McDonough last June.
On Monday, Channel 2 investigative reporter Aaron Diamant sat down with Kenny and Delaney Kirby for an exclusive interview about the case.
"You trust people every day, and we trusted the wrong person," said a tearful Delaney Kirby, Kensley's mother.
Kirby said the family trusted the clinic's staff would patch her up and send her home.
"We told her she'd have Mommy and Daddy all to herself the rest of the night, that her sister was going to be at her friend's house and the events quickly changed," Kirby said.
State investigators found Kensley died after physician's assistant Allan Imes injected her with three times the recommended dose of a local anesthetic called Lidocaine during a procedure to set her arm.
"It was more than just a mistake," said Kenny Kirby, Kensley's father.
The family recently settled a lawsuit against the clinic, but the financial terms remain confidential.
"Obviously, the settlement doesn't matter," Kenny Kirby said. "We'd love to have our daughter back."
Under the agreement, neither the clinic nor Allan Imes accepted any fault in the case.
"He didn't do what he was supposed to do," said Delaney Kirby. "He didn't check. I mean, at the end of the day, he was in charge."
The clinic's director turned down Diamant's repeated request for an on-camera interview, but emailed the following statement: "We continue to mourn the loss of Kensley Kirby. She was a beautiful little girl that we will never forget. We pray for the Kirby family daily and can't express enough how sad we are for their loss. The devastating pain that the Kirby family and all those involved have experienced is unimaginable and we pray for peace for everyone.
"With regard to the settlement, Family Medical, its staff and the Kirbys have agreed that Family Medical, Mr. Imes and the staff accept no liability or fault in this case. This case is much more medically complicated than the details shared publicly thus far, and due to the confidentiality that both parties agreed to in the settlement agreement, we are not allowed to speak to the specifics of the case. This is difficult because it prevents us from defending our provider. However difficult, the Kirby's and their healing process comes first, and we will not participate in back and forth accusations at the request of the media.
"Aaron, you asked us what we would like to say to our clients. We say this, any patient who sees Mr. Imes knows how much he cares for them and how knowledgeable, respected and trained he is. He has dedicated his life to helping others and that's what he continues to do every single day. Our patients know he is a good man, a good provider and he cares for them deeply."
Meanwhile, Kensley's parents said the memories of their young artist, soccer player and swimmer give them the strength to keep going.
"We talk about her every day," Delaney Kirby said. "She's definitely part of our lives, still, and always will be."
The Kirby family is now working to build a state-of-the-art aquatic center in Kensley's honor in Henry County. Click here for more information.
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