The family of the late Kenneth Hubbs has filed suit against Christus Hospital St. Elizabeth, alleging their benefactor died from an infection 10 months following surgery.

Christus Hospital St. Elizabeth

Yvonne Hubbs filed the suit May 24 in Jefferson County District Court.

According to the lawsuit, on March 15, 2011, Kenneth Hubbs underwent aortic valve replacement at St. Elizabeth. He was discharged a week later.

On July 21, 2011, he was readmitted and diagnosed with a rare bacterial infection, with the previously implanted heart valve being determined to be the source, the suit says.

Kenneth Hubbs passed away on Jan. 31, 2012.

The suit blames Christus for his death, alleging the hospital negligently failed to provide a sterilized environment and failed to rinse the valve before implantation.

On top of exemplary damages, the plaintiffs are suing for medical costs and funeral expenses.

Houston attorney Monica Vaughn of Houssiere, Durant & Houssiere represent the plaintiffs.

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

Case No. A194-380

Discovery is still proceeding in a suit claiming a man died after a doctor at Christus Health Southeast Texas failed to take appropriate measures following surgery.

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.

Court records show that on July 31 a certificate of written discovery was filed in the case, giving notice of plaintiffs’ third request for production to Christus.

According to the lawsuit, the plaintiffs claim their husband and father, Arthur Lowe, was admitted to Christus St. Elizabeth 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.

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

Case No. A190-411

Toups

Alleging a nurse put concentrated acetic acid on “warts in a sensitive area,” plaintiffs identified only as DRH and DRW have filed suit against Christus Hospital St. Elizabeth.

The suit was filed Aug. 29 in Jefferson County District Court.

According to the lawsuit, in October 2011, DRH was diagnosed with “warts in a sensitive area” on his body. The urologist scheduled a removal procedure at Christus for Oct. 19, 2011.

To make the warts more visible, a nurse began to apply concentrated acetic acid. The acid is supposed to be concentrated between 5 to 10 percent. However, the nurse used 99 percent concentrated acid on the plaintiff’s “sensitive area,” the suit alleges.

“Plaintiff DRH immediately began screaming in pain as the full-strength acetic acid burned him in this extremely sensitive area,” the suit states.

According to the complaint, the nurses realized they made a “grave mistake” and began irrigating the area with water, which then caused the acid to splash all over the plaintiff’s body.

Since that time, the plaintiff has made several trips to the hospital for treatment for his severe burns, the suit claims.

The suit accuses the Christus nurses of breaching the standard of care.

The plaintiffs are seeking exemplary and actual damages in amount to exceed $1 million.

Beaumont attorney Mitchell Toups of Weller, Green, Toups & Terrell represents the plaintiffs.

Judge Gary Sanderson, 60th District Court, is assigned to the case.

Case No. B194-689

An order of non-suit has been entered in litigation brought by Groves residents Mary and Kevin White, who sued Christus Hospital St. Elizabeth alleging the medical provider should have implemented fall prevention procedures for Mary.

As previously reported, the suit was filed March 28 in Jefferson County District Court.

Christus Hospital St. Elizabeth

At the plaintiffs’ request, Judge Milton Shuffield, 136th District Court, signed the order of non-suit on July 30, court records show.

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 alleged the hospital was liable for the conduct of its nurses.

The plaintiffs were 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 represented them.

Case No. D194-198

Christus Health Southeast Texas has answered a suit claiming doctors failed to adequately care for a woman’s husband, causing him to sustain fatal brain injuries after he struck his head during a fall.

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

Christus Hospital St. Elizabeth

Court records show Christus answered the suit on March 27, asserting a general denial and calling the incident an unavoidable accident.

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.

Lunceford

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.

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.”

Marilyn Caillouette incurred funeral and burial costs, the complaint says. She also claims she lost his companionship and society and suffered mental anguish.

In her suit, 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.

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 & Ray in Little Rock, Ark., represents her.

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

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

Case No. A194-131

For the second time, a case alleging a baby was born with severe brain damage because of a lack of treatment has been abated.

As previously reported, 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.

Prewett

Court records show that on Sept. 21, 2012, 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, Christus had 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.

Once the litigation resumed, a second motion to abate was heard and granted by Judge Bob Wortham, 58^th District Court, on July 26, court papers say.

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

The medical records of a plaintiff seeking to recover underinsured motorist benefits have been submitted. 

As previously reported, Area resident Kassie Johnson filed an automobile collision suit against Tyrus Wells and Texas Farm Bureau Mutual Insurance Co. on Feb. 12 in Jefferson County District Court.

Court records show that on April 18 the medical affidavits of Haley Perry, custodian of medical records for Beaumont Bone & Joint, and Nancy Kuecker, custodian of medical records for Christus Hospital St. Elizabeth, were submitted.

According to the lawsuit, on July 2, 2011, Johnson was injured in an automobile collision caused by the negligence of Wells, who was allegedly driving while intoxicated.

The suit does not state where or how the incident occurred.

Following the collision, Johnson made a demand for underinsured motorist benefits.

Wells is further accused of negligently failing to yield the right-of-way, speeding and failing to keep a proper lookout.

Johnson is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

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

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

Case No. E193-935

Plaintiff Donna Mitchell, who sued Christus Hospital St. Elizabeth alleging a hospital employee knocked her down by opening an electric door, has amended her petition.

As previously reported, the original suit was filed Jan. 23 in Jefferson County District Court. Donna Mitchell’s husband, Carey, is also a plaintiff.

Dies

On May 13 the plaintiffs amended their petition, court records show

According to the amended petition, 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.

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

An agreed motion to continue abatement has been filed in a case alleging a baby was born with severe brain damage because of a lack of treatment.

As previously reported, 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.

Blair

Court records show that on Sept. 21, 2012, 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, Christus had 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.

Once the litigation resumed, a second motion to abate was heard and granted by Judge Bob Wortham, 58th District Court, on July 26, court papers say.

On Oct. 8 the parties filed their agreed motion to continue abatement, asserting that due to the nature of the alleged injures and the timing necessary for certain diagnosis the case should be abated until the minor’s 4^th birthday, March 21, 2014.

The lawsuit states that on Feb. 1, 2010, Stevens, 40 weeks pregnant, presented to St. Elizabeth 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 the plaintiffs.

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

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

Case No. A191-948

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A Jefferson County man is suing a surgical products manufacturer over claims a faulty medical device caused his wife’s death.

Richard Peltier filed a lawsuit March 14 in the Jefferson County District Court against Covidien LP and Dr. Jerome Schrapps citing wrongful death. 

According to the complaint, on March 26, 2012, Peltier’s wife, Sharon Peltier, underwent an open sleeve gastrectomy by Dr. Schrapps at Christus Hospital St. Elizabeth using a stapling device designed and sold by Covidien.

Richard Peltier says the next day Sharon Peltier experienced pain and it was found the staple line had separated, which he alleges resulted in her death on April 5, 2012.

Richard Peltier is seeking damages within the jurisdictional limits of the court.

He is being represented in the case by attorney B. Adam Terrell of Weller, Green, Toups & Terrell LLP in Beaumont.

Jefferson County District Court Case No. D195-501

This is a report on a civil lawsuit filed in the Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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Three Jefferson County sisters are suing over claims their mother died from complications after surgery at a Beaumont hospital.

April Blanchard, individually and as representative of the estate of Sharon Peltier, deceased, Laurel Crain and Krystal Wilcox filed a lawsuit March 26 in the Jefferson County District Court against Dr. Jerome Francis Schrapps citing medical malpractice.  

According to the complaint, on March 26, 2012, Peltier was treated by Dr. Schrapps at Christus Hospital St. Elizabeth for the purpose of removing a gastric band in her stomach for the purpose of considering other weight loss procedures in the future.

The lawsuit says after failing to locate the gastric band, Dr. Schrapps stapled Peltier’s stomach without written consent, which caused a gastric leak requiring further surgery on March 29, 2012.

Peltier died after the development of sepsis on April 5, 2012, according to the suit.
Blanchard, Crain and Wilcox are seeking more than $1 million in damages.

They are being represented in the case by Beaumont attorneys Collin Cobb of Harris Duesler & Hatfield LLP and Barry C. Bennet of Bennet Legal PC.

Jefferson County District Court Case No. D195-529

This is a report on a civil lawsuit filed in the Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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Potential jurors called in to the Beaumont courthouse to judge a medical malpractice trial were granted an early Christmas gift Monday morning as the case settled.

Margie Legendre filed suit against Christus Hospital – St. Elizabeth on March 2, 2011, in Jefferson County District Court, alleging nurses failed to empty her Hemovac drain following back surgery.

According to Legendre’s first amended petition, on March 4, 2009, she was admitted to St. Elizabeth and had back surgery performed. During the procedure, a Hemovac drain was placed into the surgical wound, which was not emptied and measured by the end of the shift during which her operation occurred.

A Hemovac drain is placed under the skin during surgery and removes any blood or other fluids that might build up in the area.

As a result of nurses failing to monitor and drain the device, “excessive amounts” of cerebral spinal fluid was drained from Legendre, causing her to suffer headaches.

The case was set to go to trial Monday, Dec. 1, but settled before a jury could be selected, according to a courthouse official.

Legendre accused Christus and its nurses of breaching the standard of care, and sought damages for her past and future pain, mental anguish and medical expenses.

Houston attorney Craig Lewis represents her.

Judge Milton Shuffield, 136^th District Court, is presiding over the case.

Case No. D189-518

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A patient has sued several medical care professionals, alleging negligence.

Sue Abshire of Jefferson County filed a lawsuit Feb. 2 in Jefferson Country District Court against: Christus Health Southeast Texas, doing business as Christus Hospital-St. Elizabeth of Austin; Dr. Frank Fasullo of Houston; Dr. Sidney Marchand of Beaumont; and Healthsouth Rehabilitation Hospital of Beaumont, doing business as Healthsouth Rehabilitation Center-Beaumont, alleging negligence.

According to the complaint, Abshire had a history of osteogenesis imperfecta, which predisposes one to fractures, and twice in mid-November 2012, she was admitted to Christus Hospital St. Elizabeth for chest pain and breathing difficulty. She was discharged each time, the suit states, returning Nov. 22, 2012, with worsening symptoms and she was transferred to Healthsouth Rehabilitation Hospital of Beaumont on Dec. 3.

The suit states Healthsouth started Abshiore on a physical therapy regimen without evaluating her spinal symptoms, consulting her records or stabilizing her spine. On Dec. 6, 2012, she had emergency surgery for a spinal compression fracture and was subsequently paralyzed, the lawsuit says.

The suit says negligence in evaluating Abshire resulted in her injury.

Abshire seeks: compensation for physical pain and impairment; mental anguish; medical expenses; attorney fees; expenses; and costs. She is represented by attorneys Tobias Cole and Bridgit White of Midani & Cole in Houston.

Jefferson County District Court: case number: D-196658

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