Cooksey

Christus Health Southeast Texas recently filed a motion for leave to designate responsible third party in a lawsuit brought by Mark Kent, who alleges a nurse “inexcusably” changed the settings on his Hemovac drain.

The lawsuit, filed Feb. 25, 2011, in Jefferson County District Court, alleges that on Dec. 17, 2008, Kent was admitted to Christus Hospital St. Elizabeth in Beaumont for back surgery.

In its motion filed Dec. 27, Christus asserts that “if anyone is responsible” it is Dr. Erwin Lo, who performed the procedure and allegedly breached the standard of care by failing to properly repair the spinal fluid leak caused by the surgery.

No ruling is on file as of Feb. 23.

During Kent’s surgery, a Hemovac drain was placed in the surgical wound. A Hemovac drain is placed under the skin during surgery and continuously removes any blood or other fluids that might build up.

In the suit the plaintiff claims that on Feb. 19, 2008, a St. Elizabeth nurse changed the setting on the device without a physician’s order.

Court records also show that on July 15 Christus filed its objection to the expert report of Dr. John Houten – a physician hired by the plaintiff to comply with the statutory requirements of Chapter 74 of the Texas Civil Code.

In its objection, Christus asserts that Dr. Houten’s report is filled with “blanket statements as to causation and injuries” and is “purely speculative.”

Kent is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Houston attorney Clint Lewis represents him.

Christus is represented by Curry Cooksey, attorney for the Orgain, Bell & Tucker law firm.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B189-457

Christus Hospital St. Elizabeth recently filed a motion for summary judgment in a medical malpractice lawsuit.

As previously reported, Cindy Vanwinkle, representing the estate of Dusty Lanford, filed the suit against Christus Hospital St. Elizabeth and Dr. Samara Moore on April 15, 2011, in Jefferson County District Court, alleging medical staff allowed Lanford, a patient with sepsis, to die.

A year later, Christus filed a motion for summary judgment on April 23, asserting that the plaintiffs have not designated any experts as required by Chapter 74 of the Texas Civil Code.

Because the plaintiffs lack the requisite expert testimony to prove their claim, Christus and its nurses should be granted summary judgment, the motion states.

Court records show that on Nov. 23, 2009, Lanford, 21 at the time of the incident, was admitted to St. Elizabeth with complaints of abdominal pain, nausea, dizziness and vomiting.

“However, due to defendants’ negligence, Lanford was left untreated … and suffered an untimely death on Nov. 24, 2009,” the suit states.

The suit alleges the defendants fell below the standard of care in their treatment and failed to provide the patient with the appropriate treatment.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents the plaintiffs.

Houston attorney Edward Kroger of Kroger Burrus represents Christus.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A189-799

A motion for continuance was recently granted in a medical malpractice lawsuit over a septic patient’s death.

As previously reported, Cindy Vanwinkle, representing the estate of Dusty Lanford, filed the suit against Christus Hospital St. Elizabeth and Dr. Samara Moore on April 15, 2011, in Jefferson County District Court, alleging medical staff allowed Lanford, a patient with sepsis, to die.

A year later, on April 11 Vanwinkle filed a motion for entry of revised docket control order, requesting that the court continue the cause because the litigation is apparently not ready for trial, court papers say.

On May 24 Judge Bob Wortham, 58th District Court, granted the motion, slating the case for a March 2013 trial.

Court records also show Christus filed a motion for summary judgment on April 23, asserting that the plaintiffs have not designated any experts as required by Chapter 74 of the Texas Civil Code.

The suit states that on Nov. 23, 2009, Lanford, 21 at the time of the incident, was admitted to St. Elizabeth with complaints of abdominal pain, nausea, dizziness and vomiting.

“However, due to defendants’ negligence, Lanford was left untreated … and suffered an untimely death on Nov. 24, 2009,” the suit states.

The suit alleges the defendants fell below the standard of care in their treatment and failed to provide the patient with the appropriate treatment.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents the plaintiffs.

Houston attorney Edward Kroger of Kroger Burrus represents Christus.

Case No. A189-799

Alleging she was injured during an imaging scan two years ago, Beaumont resident Charlene Goudeau has filed suit against Clarus Imaging and Altus Healthcare Management.

The suit was filed July 25 in Jefferson County District Court.

According to the lawsuit, on July 27, 2010, Goudeau was injured at Clarus Imaging Center in Beaumont during or before the imaging. However, the suit does not state how exactly Goudeau was injured, nor does the suit describe her injury.

The suit only accuses the defendants’ technicians and/or nurses of medical negligence in failing to start an intravenous line and in providing treatment afterward.

“The inappropriate care provided to plaintiff was a proximate cause of severe personal injuries,” the suit states.

The defendants are accused of breaching the standard of care.

On top of exemplary damages, the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain and disfigurement, plus all court costs.

The plaintiff is asking the court to declare Texas medical malpractice caps unconstitutional.

Beaumont attorney Kenneth Lewis of Bush Lewis represents her.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-728

A few days prior to a summary judgment hearing, a medical-malpractice plaintiff non-suited two medical defendants accused of refusing to readmit a patient who then died of a stroke.

Cooksey

As previously reported, Annette Harris, representing the estate of Isadore Harris, filed suit against Christus Hospital St. Elizabeth and Dr. Herman Gerhardt on April 1, 2011, in Jefferson County District Court.

Court records show that the defendant filed a joint motion for no evidence summary judgment on Aug. 29, stating that plaintiff has failed to raise an issue establishing medical causation.

A hearing on the matter was slated for Oct. 15.

However, court records show that Harris filed a notice on non-suit on Oct. 12, dismissing the defendants without prejudice.

According to the lawsuit, on Jan. 17, 2009, Isadore Harris was brought to the St. Elizabeth emergency room, where Dr. Gerhardt treated him.

“Without running any diagnostic labs whatsoever, Dr. Gerhardt diagnosed Harris with Hypoglycemia and discharged him home,” the suit states.

Soon after, Isadore Harris passed out in the waiting area of the emergency department. His wife attempted to have him readmitted but the hospital allegedly refused to take him because he had already “been treated and could not be seen again,” the suit states.

She was eventually taken to Memorial Hermann Baptist Beaumont Hospital, “where it was discovered that he had suffered a massive stroke, which would ultimately take his life,” the suit states.

The suit continues by alleging Dr. Gerhardt was negligent in his diagnosis and Christus was negligent for refusing to treat him.

Houston attorney Craig Lewis represents the plaintiff.

Houston attorney Frank Doyle of Myers Doyle represents Dr. Gerhardt.

Woodland attorneys Curry Cooksey and Casey Marcin represent Christus.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A189-691

The wife and children of a recently deceased man claim he died after doctors failed to timely diagnose him with pneumonia and a heart condition. 

Nellie Travis, Lana Cleveland, Lisa Stroop, Leigh Grace and John Travis filed a lawsuit Oct. 4 in Jefferson County District Court against Drs. Sidney Marchand, Sidney Albert Marchand IV, Frank Fasullo, Frank J. Fasullo Jr., T. Randolph Lombardo and Harold Bencowitz.

In their complaint, the plaintiffs claim their recently deceased husband and father, Bobby Travis, died on Aug. 15.

Before his death, Bobby Travis had arrived at Christus Hospital St. Elizabeth on July 29, 2010, with complaints of shortness of breath, according to the complaint. After Dr. Sidney Marchand admitted Travis to the hospital, Lombardo, a cardiologist, and Fasullo began treating him, the suit states.

Still, Bobby Travis’s condition continued to deteriorate, the complaint says. A chest X-ray revealed signs of pneumonia, but it was not until Aug. 2 that Dr. Sidney Marchand requested a consult with a pulmonary consultant, Bencowitz, the plaintiffs claim.

Even with Becowitz on the case, however, Bobby Travis failed to show signs of progress, according to the complaint.

Frustrated, his family decided to transfer him to Memorial Hermann Hospital in the Houston Medical Center, the suit states. Once there, Bobby Travis’s physicians performed an echo cardiogram, revealing a heart condition that was exacerbating his problems, the complaint says.

“Although this heart condition was treated and valiant efforts were undertaken to save Mr. Travis’s life, unfortunately, it was too late,” the suit states.

In the complaint, Nellie Travis and the couple’s children claim they lost their husband’s and father’s companionship and society, endured mental anguish and lost his care, maintenance, support, services, advice, counsel and contributions because of his death.

Before his passing, Bobby Travis experienced pain and suffering, endured mental anguish and incurred medical costs, the complaint says.

The plaintiffs seek an unspecified judgment, plus pre- and post-judgment interest, costs and other relief the court deems just.

Craig Lewis and John J. Brothers of The Lewis Law Firm in Houston will be representing them.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A193-263

Oklahoma resident Shirley Womack is suing Beaumont local Albeno Bossette, who allegedly backed his car into her as she walked across a hospital front drive.

Christus Hospital St. Elizabeth

The suit was filed Oct. 11 in Jefferson County District Court.

According to the lawsuit, on Aug. 17, 2011, Bossette was waiting in the front drive of Christus Hospital St. Elizabeth in Beaumont when he was asked to move his car by hospital security. He could not pull forward because of a vehicle in front of hem.

“Defendant put car in reverse and hit the plaintiff as she was walking across the front drive of the hospital,” the suit states. “As a direct and proximate cause of the accident, plaintiff sustained injuries.”

The suit accuses the defendant of negligently failing to yield the right of way to a pedestrian, failing to use his horn and failing to exercise proper precaution to avoid the incident.

The plaintiff is suing for her alleged past and future medical expenses, mental anguish, pain and impairment.

Sulphur Springs attorney Gregg Price represents her.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E193-338

Christus Hospital St. Elizabeth is suing Dr. Traci Vaughn for more than $36,000, alleging she owes rent on her space at the Park Medical 1 Professional Building. 

The suit was filed Oct. 11 in Jefferson County District Court.

According to the lawsuit, on June 1, 2009, the parties entered into a lease agreement, under which Vaughn agreed to pay rentals of $2,740.52 each and every month. The rent has since increased to $2,803.16 per month pursuant to the lease.

“Despite notice and demand, plaintiff has not received rent payments for the premises from April 2011 to April 2012,” the suit states.

“Defendant owes unpaid rental payments to plaintiff in an amount within the court’s jurisdiction ($36,503.72)…”

Christus alleges Vaughn breached her contract, the suit states.

The hospital is suing for actual damages, interest and all court costs, including attorney’s fees.

Beaumont attorney Larry Simmons of Germer Gertz represents the plaintiff.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D193-343

Discovery has started in a medical malpractice suit claiming a bedsore caused a local woman to lose much of the use of her right arm.

Lunceford

As previously reported, Ruth Boles filed a lawsuit May 23 in Jefferson County District Court against Christus Health Southeast Texas, doing business as Christus Hospital St. Elizabeth.

Boles alleges she went to St. Elizabeth in Beaumont on March 8, 2010, with complaints of respiratory distress. Because of her medical condition, employees at the hospital placed bilateral restraints on her for about 11 days, according to the complaint.

Court records show Christus answered the suit on June 18, asserting a general denial and questioning whether the plaintiff’s claims may be barred by limitations.

On Oct. 8 a certificate of discovery was filed, showing that Boles forwarded the defendant her interrogatories and request for production.

Due to her medical state, Boles was given daily assessments to determine whether she was developing decubitus ulcers. Despite these frequent checks, Boles claims she still developed two ulcers before leaving the hospital on March 22, 2010.

“Several Braden assessments prior to March 20, 2010, indicate that the nurses noted no skin breakdown of any kind,” the suit states. “From March 20, 2010, to March 22, 2010, no Braden assessments, nursing notes, consultations, or any evaluations of any kind are present in the St. Elizabeth hospital chart at all which indicate that Ms. Boles’s sacral area was ever examined.”

In spite of her worsening skin condition, Boles was released from the hospital. From there, she went home for six days, but her condition worsened, and she returned to Christus on March 28, 2010, where doctors found two second- or third-degree decubitus ulcers — one on her right elbow and one on the sacral, the suit states.

After months of treatment, the sacral ulcer healed, but left an enormous scar on Boles’s back, the complaint says. However, she claims she experienced even more significant problems with the ulcer on her right elbow before it healed.

Because of the incident, Boles claims she has suffered physical and mental pain, anguish, discomfort and disfigurement.

She seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest, attorneys’ fees, costs, punitive damages and other relief the court deems just.

Collin Cobb of Harris, Duesler and Hatfield in Beaumont represents her.

Christus is represented by Houston attorney Erin Lunceford of the Sprott, Rigby, Newsom, Robbins & Lunceford law firm.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E192-481

Scheduling conflicts have pushed back a medical malpractice trial formerly slated to start Thanksgiving week.

Cooksey

As previously reported, Justin Brewer filed a suit Aug. 27, 2010, in Jefferson County District Court against Christus Hospital St. Elizabeth, Beaumont Bone & Joint and Drs. Curtis Thorpe, Michael Stafford and Charles Wilson, alleging his leg amputation was totally preventable.

The case was set for trial Nov. 19. However, scheduling conflicts, such as some of the attorneys on the case being part of the Texas Legislator, have forced the case to be reset for sometime after January, according to a courthouse official.

The original petition alleges that Brewer, while working as a Salvation Army employee, fell and injured his left leg on Aug. 8, 2008. He was taken to Christus St. Elizabeth and examined by Dr. Wilson.

Five days later, Dr. Thorpe ordered an MRI performed and told him it would be five days before he obtained the results.

“On the same day (Aug. 13, 2008) plaintiff began to notice that the bottom of his left foot was black in addition to him experiencing immense pain,” the suit states, adding that Brewer’s mother called Dr. Thorpe numerous times out of concern but the doctor told her it “was normal and consistent with a sprained knee.”

The next day, paramedics returned him to the hospital. Brewer was discharged and “told to rest and ice his knee and keep it elevated,” court papers say.

Court records show that five days later, he visited Dr. Thorpe’s office and diagnosed with a torn anterior cruciate ligament.

“Ironically, Defendant Thorpe criticized plaintiff’s mother for not bringing him to see him earlier, despite the numerous calls … and emergency room visits,” the suit states, adding that Dr. Thorpe informed him two days later that gangrene had set and surgery was required on the foot.

On Sept. 8, 2008, Brewer’s left leg was amputated above the knee, court papers say.

Woodland attorney Curry Cooksey represents Christus.

Judge Gary Sanderson, 60th District Court, is presiding over the case.

Case No. B187-788

A defendant in a suit claiming a man died after a doctor failed to take appropriate measures following surgery is seeking to extend the mediation deadline in the case.

Dugas

Linda Lowe, Amanda Lowe, Melissa Lowe and Laura Singletary filed a lawsuit June 27, 2011, in Jefferson County District Court against Christus Health Southeast Texas, doing business as Christus Hospital St. Elizabeth, and Dr. Steven K. Sooudi.

On Nov. 8, Ali Alavi, another defendant in the case, filed a motion to extend mediation, stating that discovery is ongoing and the parties are not yet able to engage in meaningful mediation negotiations, court records show.

The docket control order in the case required the parties to mediate by Nov. 15.

According to the lawsuit, the plaintiffs claim their husband and father, Arthur Lowe, was admitted to Christus St. Elizabeth in Beaumont on June 27, 2009, with complaints of recurrent chest pains.

However, during surgery, doctors discovered Arthur Lowe’s artery walls had separated and stopped the anticoagulant, the complaint says.

On July 1, 2009, Arthur Lowe’s hemoglobin and hematocrit levels had fallen very low and his heart rate continued to increase, the complaint says. Transfusions did little to stop Arthur Lowe’s hypotensive, tachycardic and anemic state, the plaintiffs claim.

According to the complaint, at 9 p.m. on July 1, 2009, Arthur Lowe died.

The plaintiffs seek a judgment within the jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest at the legal rate, costs and other relief the court deems just.

Clay Dugas and Mike Jacobellis of Beaumont represent them.

Christus is represented by Orgain Bell & Tucker attorney Curry Cooksey.

Houston attorney Kevin Oncken of Uzick & Oncken represents Alavi.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-411

The wife and daughter of a deceased man who sued Dr. Vincent P. Murphy, Christus Hospital St. Elizabeth and Southeast Texas Medical Associates recently filed a motion for sanctions against Christus.

Hart

As the Southeast Texas Record previously reported, Patricia Gordy and Tammy Edelmon filed their suit Jan. 26, 2010, in Jefferson County District Court on behalf of Kirk Gordy.

The suit states Dr. Murphy admitted Kirk Gordy to St. Elizabeth on Nov. 13, 2007, after diagnosing him with pneumonia.

At the time, Kirk Gordy also suffered from chronic obstructive pulmonary disease. A week later, on Nov. 21, 2007, Kirk Gordy sustained a serious fall while returning from the restroom, fracturing his left tibia and fibula, which required surgery.

Lunceford

Court papers show Kirk Gordy died On Nov. 28, 2007.

On Nov. 13 the plaintiffs filed a motion for sanctions against Christus, stating that the hospital failed to handover all the medical records sought.

“Because plaintiffs have undertaken expensive discovery proceedings in the absence of critical information that defendant was required to produce no later than May 5, 2009, a monetary sanction of $25,752.57 is appropriate,” the motion states.

“This is the amount of expenses incurred with witnesses in which questions regarding Medication Administration records would have been appropriate to properly develop plaintiffs’ case.”

A hearing on the matter has been slated for Dec. 10.

In their suit, the plaintiffs blame employees at the hospital for causing Kirk Gordy’s fall, saying they failed to assess and supervise him and failed to implement proper procedures for fall prevention.

They also allege Kirk Gordy died because of contraindicated medications administered to him by doctors at the hospital.

According to the complaint, the plaintiffs name Southeast Texas Medical Associates as a defendant in the complaint because Dr. Murphy worked for the company at the time of Kirk Gordy’s fall and death.

Sandee L. Hart of Orange represents the plaintiffs.

Christus is represented by Beaumont attorney Erin Lunceford of the Sprott, Rigby, Newsom, Robbins & Lunceford law firm.

Dr. Murphy is represented by Houston attorney T. Marc Calvert of Calvert & Associates.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A185-789

A medical malpractice suit filed on behalf of a man who bled to death has been called up for trial on Monday.

Kibbe

On April 6, 2010, Kathy Keegan filed the suit against Memorial Hermann Baptist Orange Hospital, Christus Hospital St. Elizabeth and Drs. Derrick M. Myers and Steven K. Sooudi.

Keegan alleges her father, David Barrow, would still be alive if the care providers had recognized that he was bleeding to death.

A call to trial notice was filed on Dec. 19, informing the parties that the case has been set for trial on Monday, Jan. 14, court papers say.

Court records further show Baptist, at the plaintiff’s request, was dismissed from the suit with prejudice on Oct. 29.

In her suit, Keegan claims her father, David Barrow, underwent a cardiac catherization on April 16, 2009. Three days later, Barrow had a syncopal episode at home and was transported to Memorial Hermann where he was admitted to the emergency department under the care of Dr. Myers.

He died three days later.

An autopsy revealed Barrow died from a leak in his catheter insertion site that should have been treated shortly after his arrival at Baptist Orange Hospital at 10:30 a.m., April 19, the complaint says.

Keegan is suing for all wrongful death damages allowable under law.

Giles Kibbe of Weller, Green, Toups and Terrell in Beaumont represents her.

Christus is represented by Houston attorneys Leah A. Greene and Edward J. Kroger of Kroger & Frisby.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E186-481

A motion for a new docket control order was recently granted in a medical malpractice lawsuit over a septic patient’s death, giving the defendant more time to obtain the depositions of the plaintiffs. 

As previously reported, Cindy Vanwinkle, representing the estate of Dusty Lanford, filed the suit against Christus Hospital St. Elizabeth and Dr. Samara Moore on April 15, 2011, in Jefferson County District Court, alleging medical staff allowed Lanford, a patient with sepsis, to die.

Christus filed the motion for new docket control order on Dec. 5, stating that the plaintiffs’ counsel had failed to provide depositions for the plaintiffs.

In its motion, Christus argued that it needed the depositions because Lanford gave conflicting information regarding his medical history and the plaintiffs’ testimony is necessary in order to ascertain an accurate medical history.

Judge Bob Wortham, 58th District Court, granted the motion on Dec. 11, extending the defendants’ expert designation deadline to Jan. 28, court records show.

Previously, on April 11 Vanwinkle filed a motion for entry of revised docket control order, requesting that the court continue the cause because the litigation is apparently not ready for trial, court papers say.

On May 24 Judge Wortham granted the motion, slating the case for a March 2013 trial.

Court records also show Christus filed a motion for summary judgment on April 23, asserting that the plaintiffs have not designated any experts as required by Chapter 74 of the Texas Civil Code.

The suit states that on Nov. 23, 2009, Lanford, 21 at the time of the incident, was admitted to St. Elizabeth with complaints of abdominal pain, nausea, dizziness and vomiting.

“However, due to defendants’ negligence, Lanford was left untreated … and suffered an untimely death on Nov. 24, 2009,” the suit states.

The suit alleges the defendants fell below the standard of care in their treatment and failed to provide the patient with the appropriate treatment.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents the plaintiffs.

Houston attorney Edward Kroger of Kroger Burrus represents Christus.

Case No. A189-799

Orange residents Donna Mitchell has filed suit against Christus Hospital St. Elizabeth in Beaumont, alleging a hospital employee knocked her down by opening an electric door.

Christus Hospital St. Elizabeth

The suit was filed Jan. 23 in Jefferson County District Court. Donna Mitchell’s husband, Carey, is also a plaintiff.

According to the suit, on Aug. 20, 2011, Mitchell sought treatment at St. Elizabeth emergency room for an injury to her elbow. The suit states she was instructed to walk to the X-ray department with a hospital employee.

“The employee failed to warn the plaintiff of the hospital electric door; he activated the door and it swung into plaintiff, knocking her down and fracturing her pelvis,” the suit states.

“As a result of the accident, plaintiff sustained serious injury and several months of medical care, including surgery.”

The suit alleges the hospital employee violated the standard of care by failing to warn the patient of the electric door.

Dies

Mitchell is suing for her past and present mental anguish and medical expenses. Her husband is suing for loss of companionship.

Attorney David Dies of the Orange law firm Dies & Parkhurst represents the plaintiffs.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D193-847

A case alleging a baby was born with severe brain damage because of a lack of treatment has been abated.

Christus Hospital St. Elizabeth

Brittany Stevens, on behalf of Ju’Kaylen Chretian, filed suit against Dr. Gene Berry and Christus Hospital St. Elizabeth on Feb. 13, 2012, in Jefferson County District Court.

Court records show that on Sept. 21 an unopposed motion for abatement was filed, stating that the parties agree it’s in their best interest to abate the case all the way through June 30.

During the abatement, Chirsuts has agreed not to appeal the court’s decision to deny its objection to expert report and motion to dismiss.

To fulfill the requirements of Chapter 74 of the Texas Civil Code, Stevens filed two expert reports, one by Dr. Ezell Autrey, an obstetrician, and Anna Flournoy, a nurse, court records show.

The lawsuit states that on Feb. 1, 2010, Stevens, 40 weeks pregnant, presented to Christus complaining of pain. She was discharged and returned the following day only to be discharged again.

“She returned the next day and Dr. Berry arrived two hours later. Ju’Kaylen’s heart rate steadily decreased over the next several hours,” the suit states. “Ju’Kaylen was born septic and with severe brain damage from lack of oxygen.”

Stevens alleges the defendants were negligent in assessing and treating the plaintiffs during the days before and after labor and delivery.

The plaintiffs are suing for their alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Woodlands attorney Tommy Hastings represents them.

Dr. Berry is represented by Matthew Prewett, attorney for the Houston law firm Shepherd, Scott, Clawater & Houston.

Christus is represented by Houston attorney Danya Blair of Beirne, Maynard & Parsons.

Case No. A191-948

A California woman claims doctors at an Austin hospital failed to adequately care for her husband, causing him to sustain fatal brain injuries after he struck his head during a fall. 

Marilyn Caillouette filed a lawsuit March 7 in Jefferson County District Court against Christus Health Southeast Texas, doing business as Christus Hospital St. Elizabeth.

In her complaint, Marilyn Caillouette claims her husband, Edgar Caillouette, was admitted to Christus St. Elizabeth on March 7, 2012, after he was found unconscious on the floor of his home.

Doctors at the hospital diagnosed Edgar Caillouette with a moderate brain injury. Because of Edgar Caillouette’s state of confusion following the March 7 incident and due to his propensity to leave his bed, Marilyn Caillouette agreed to the use of wrist restraints when Edgar Caillouette was left unsupervised, according to the complaint.

By March 15, Edgar Caillouette seemed to be on his way toward a recovery and was transferred from the Intensive Care Unit to the hospital’s telemetry floor, the suit states. Talks soon turned to his discharge from the rehabilitation facility, the complaint says.

On March 21, Marilyn Caillouette claims she joined her husband for breakfast. The wrist restraints were removed so Edgar Caillouette could eat, according to the complaint. He then went for a walk with nursing staff and was returned to a chair in his room, the suit states.

By 11 a.m., Edgar Caillouette grew sleepy and was assisted to bed, the complaint says. The bed rails were raised and a call light was left on Edgar Caillouette, his wife claims. However, the staff failed to place wrist restraints on Edgar Caillouette, according to the complaint.

At some point, Marilyn Caillouette left the room with the telemetry strips working, the suit states. The strips indicated that Edgar Caillouette removed his medical equipment at 1:41 p.m.

At 1:54 p.m., a nurse entered the room and discovered that Edgar Caillouette had gotten out of bed and fallen. When the nurse found him, Edgar Caillouette was laying face-down in front of the bathroom door surrounded by a pool of blood, the complaint says.

Hospital staff successfully resuscitated Edgar Caillouette. However, they soon discovered that he had suffered a profound and irreversible brain injury during his fall, Marilyn Caillouette claims.

On March 24, 2012, Edgar Caillouette died because of the brain injuries he suffered during the fall, according to the complaint.

“Prior to this immediate event, he was expected to make a substantial recovery from his prior, more moderate brain injury,” the suit states. “While it is unlikely that he would have returned to work at Parsons Corporation, he looked forward to retirement and years to spend with his wife.”

Because of her husband’s death, Marilyn Caillouette incurred funeral and burial costs, the complaint says. She also claims she lost his companionship and society and suffered mental anguish.

Marilyn Caillouette alleges negligence against the hospital, saying it removed the wrist restraints and failed to replace them, allowed Edgar Caillouette to remain unattended in a room without the wrist restraints on, failed to timely respond to the interruption of a telemetry signal and failed to property monitor Edgar Caillouette.

In her complaint, Marilyn Caillouette seeks an unspecified judgment, plus post-judgment interest at the legal rate, pre-judgment interest, costs and other relief the court deems just.

Marc E. Stewart of Stewart and Ray in Little Rock, Ark., will be representing her.

Judge Bob Wortham, 58^th District Court, has been assigned to the case.

Case No. A194-131

Groves residents Mary and Kevin White are suing Christus Hospital St. Elizabeth, alleging the medical provider should have implemented fall prevention procedures for Mary.

Hart

The suit was filed March 28 in Jefferson County District Court.

According to the lawsuit, Mary was hospitalized at St. Elizabeth from Jan. 21, 2011, to Jan. 25, 2011. On Jan. 23, 2011, she fell and broke her nose.

The suit does not state why Mary was hospitalized or how she fell.

“The evidence will likely show that although Mrs. White was at high risk for a fall … (the defendant) failed to properly assess and supervise (her) … and implement proper procedures for fall prevention,” the suit states.

The suit further states the hospital is liable for the conduct of its nurses.

The plaintiffs are seeking to recover damages for past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Orange attorney Sandee Hart represents them.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D194-198

An October trial has been slated in a medical malpractice lawsuit over a septic patient’s death. 

As previously reported, Cindy Vanwinkle, representing the estate of Dusty Lanford, filed the suit against Christus Hospital St. Elizabeth and Dr. Samara Moore on April 15, 2011, in Jefferson County District Court, alleging medical staff allowed Lanford, a patient with sepsis, to die.

Court records show Judge Bob Wortham, 58th District Court, signed off on an agreed docket control order on Feb. 19, slating the litigation for trial in October 2013.

The suit states that on Nov. 23, 2009, Lanford, 21 at the time of the incident, was admitted to St. Elizabeth with complaints of abdominal pain, nausea, dizziness and vomiting.

“However, due to defendants’ negligence, Lanford was left untreated … and suffered an untimely death on Nov. 24, 2009,” the suit states.

The suit alleges the defendants fell below the standard of care in their treatment and failed to provide the patient with the appropriate treatment.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents the plaintiffs.

Houston attorney Edward Kroger of Kroger Burrus represents Christus.

Case No. A189-799

Plaintiff Craig Fregia’s medical affidavits have been filed in a personal injury suit against Diamond “B” Services. 

In June 2012, Fregia filed suit against Diamond “B” Services and one of its employee’s, William Wall, a crane operator who allegedly dumped a load on Fregia’s hand, in Jefferson County District Court.

Court records show that on May 17 a notice of filing affidavits was filed.

Some of the affidavits are as follows:

• Medical and billing records affidavits of Christus Hospital St. Elizabeth;
• Medical and billing records affidavits of Beaumont Bone & Joint Clinic;
• And pharmacy records affidavit of Walgreens.

Court records further show that on Sept. 17, Diamond “B” Services filed a motion to transfer suit, stating that both parties are from Liberty County and that relocation to that county would make it more convenient for the parties and witnesses.

Fregia filed a response on Sept. 21, stating that it is uncontested that venue is proper in Jefferson County and that no witnesses will be inconvenienced.

According to the lawsuit, on Jan. 12, 2012, Fregia was working at a Valero well site in Jefferson County when Wall, while in the course and scope of his employment, dumped a load on his hand, severely injuring two fingers.

Fregia was working underneath the crane at the time of the incident and Wall allegedly negligently failed to control the machine and lowered the load beyond accepted safety levels.

Diamond is accused of negligently failing to train and supervise Wall.

The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Fregia is represented by Daniel Horowitz III, attorney for the Houston law firm Abraham, Watkins, Nichols, Sorrels, Agosto & Friend.

Houston attorney Robert Ramey of Ramey, Chandler, Quinn & Zito PC represents Diamond “B” Services.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B192-633