DISCLAIMER: The following list of cases are representative of trials that the attorneys at Boston & Hughes have tried over the years. It is provided to illustrate the areas of experience our attorneys have in the court room. It is not a comprehensive list of all of the cases our attorneys have tried. The facts of each case are necessarily different and each case must be evaluated and handled on an individual basis. There is no implied or expressed promise that the results of an individual case will be the same as those represented here.
Brain Damage / Wrongful Death; Pulmonologist: Pulmonologist / critical care specialist accused of improper airway management resulting in irreversible brain damage to, and eventual death of, a 56 year old woman. (Defense Verdict). Antley v. Cheriyon. Angelina Co. TX. Cause No. CV-34699-01-11.
Wrongful death; Obstetrical: Failure to perform Caesarean section for double footling breech baby resulting in head entrapment, cervical fracture, skull fracture, hypoxia and death. (Defense verdict). Alvarado v. Benson & Doss. Brazos Co. TX. Cause No. 44,284-272.
Wrongful death; Gastroenterologist: Failure to timely diagnose and treat metastatic colon cancer resulting in death. (Defense verdict) Browder v. Skelton. Harris Co. TX. Cause No. 80-05069.
Wrongful death; General surgery: Failure to diagnose and treat abdominal aortic aneurysm resulting in rupture and death. (Defense verdict). Rosas v. Alford. Brazos Co. TX. Cause No. 46,196-361.
Wrongful death; Pediatrics: Alleged negligent failure to timely diagnose and treat Wilms tumor resulting in death of six year old child. (Defense verdict). Samuelson v. Matthews. Brazos Co. TX. Cause No. 51,581-85.
Wrongful death; General surgery: Fraudulent concealment of mesentery vein injury and splenic capsule laceration during appendectomy and subsequent remedial surgery resulting in sepsis, massive bleeding and death. (Defense verdict). Morris v. Hsu. Orange Co. TX. Cause No. A-020238-C.
Wrongful death; Emergency physician: Failure to properly treat drug overdose resulting in death. (Defense verdict). Zuniga v. Ross. Harrison Co. TX. Cause No. 970235.
Wrongful death; Family practice: Failure to diagnose and treat abdominal aortic aneurism resulting in rupture and death. (Defense verdict). Preschern v. Conner. Lavaca Co. TX. Cause No. 92-11-16,599 CV.
Wrongful death; Family practice: Failure to properly evaluate and treat hypertension and coronary artery disease resulting in sudden cardiac death. (High/Low settlement before Plaintiff verdict) Economou v. Hill. Austin Co. TX. Cause No. 2000N-002.
Wrongful death; Pediatrician: Failure to timely diagnose and treat metabolic acidosis and viral myocarditis resulting in infant death. (Hung Jury, 9-3 in favor of the defense) Woods v. Medrano. Jefferson Co. TX. Cause No. 169441.
Wrongful death; Pediatrician: Failure to timely diagnose and treat metabolic acidosis and viral myocarditis resulting in infant death. (Plaintiff verdict upon re-trial) Woods v. Medrano. Jefferson Co. TX. Cause No. 169441.
Wrongful death; Internist: Failure to diagnose colon cancer on sigmoidoscopy resulting in death. (Defense verdict) Sweet v. Ragupathi. Brazos Co. TX. Cause No. 44,450-85.
Wrongful death; Surgery: Subclavian vein tear by J-wire associated with placement of a central line resulting in hemorrhage and death. (Directed defense verdict). Harris Co. TX
Wrongful death; General surgery: Alleged failure to diagnose and properly treat infarcted small bowel and generalized peritonitis resulting in death. (Settled during trial). Comet v. Haji. Harris Co. TX. Cause No. 45,884-85.
Nephrectomy; Vascular surgery: Alleged negligent ureteral ligation during femoral-caval bypass resulting in kidney removal in 48 year old man. Retrograde pyelogram and multiple antegrade nephrograms interpreted to show surgical clip across the ureter causing high grade obstruction. Defendant acknowledged that ureter should not be clipped but believed obstruction was scar-tissue related. (Plaintiff verdict). Engh v. Reardon. Harris Co. TX, Cause No. 2008-00133.
General Surgery: Cancer misdiagnosis and alleged inappropriate removal of healthy ovary and healthy portion of pancreas. (Defense verdict). Biard v. Smith. Harrison Co. TX. Cause No. 99-0090.
General Surgery: Damage to common bile duct during laparoscopic cholecystectomy. (Defense verdict). Leighman v. Alford. Brazos Co. TX. Cause No. 43,791-361.
General Surgery: Failure to diagnose bowel perforation during abdominal surgery. (Defense verdict). Williams v. Presley. Anderson Co. TX. Cause No. 8515.
Shoulder Dystocia; Alleged Obstetrical Malpractice: Permanent brachial plexus injury at birth resulting in near complete loss of use of right arm. (Defense Verdict). Sholars v. Price. Gregg Co. TX. Cause No. 2003-1871-A.
Psychiatrist: Alleged improper weekend furlough of psychiatric patient resulting in attempted suicide via gun shot to the chest. (Defense verdict). Ardizzone v. Hauser. Harris Co. TX. Cause No. 80-02955.
Ob-Gyn: Bowel perforation during gynecological surgery. (Defense verdict). Peterson v. Gonik. Harris Co. TX
Gynecological Surgery: Alleged fraud in performing four consecutive unnecessary surgeries including two salpingoophorectomies, a hysterectomy and a bladder suspension. (Defense verdict). Call v. Holt. Harris Co. TX. Cause No. 91-56265.
Family practice: Failure to diagnose mycobacterium marium infection resulting in partial loss of use of hand. (Defense verdict). Polasek v. Hill. Austin Co. TX. Cause No. 93-V-065.
General Surgery; Laparoscopic cholecystectomy: Transection of common bile duct requiring Roux-en-y choledocojejunostomy with subsequent stricture formation. (Defense verdict). Williams v. Alford. Brazos Co. TX. Cause No. 41,245.
Family practice: Incorrectly reporting positive HIV test resulting in severe emotional distress. (Defense verdict). King v. Sullivan. Galveston Co. TX. Cause No. 93-CV-0386.
General Surgery: Bowel perforation during laparoscopic lysis of adhesions procedure. (Defense verdict). Florez v. Khera. Harris Co. TX.
Orthopedic surgery: Total hip replacement and revision resulting in failure of hip joint, femoral nerve injury and functional loss of use of leg. (High/Low settlement before Plaintiff verdict). Nygard v. Matsu. Harris Co. TX. Cause No. 2000-46363.
Laparoscopic surgery: Misdiagnosis, unnecessary surgery, improper technique, and damage to ilioinguinal nerve during inguinal hernia repair. (Defense verdict). Matlock v. Alford. Brazos Co. TX. Cause No. 50,078-361.
Ophthalmologist: Alleged failure to properly treat glaucoma resulting in blindness. (Plaintiff verdict). Reising v. Lowe. Colorado Co. TX. Cause No. 20,299.
Orthopedic Surgery: Failure to adequately treat a comminuted fracture of the elbow resulting in repeat surgery, limitation of motion and disability. (Settled during trial). Parrott v. Foreman. Smith Co. TX. Cause No. 97-716-F.
Thoracic surgery: Injury to vagus nerve and/or left recurrent laryngeal nerve during thymectomy resulting in vocal cord paralysis and loss of voice to a lawyer who was forced to retire. (Defense verdict). Halim v. Ramchandani. Harris Co. TX. Cause No. 2002-28984.
Laparascopic surgery: Alleged misdiagnosis of G.E.R.D., failure to perform pre-operative testing, unnecessary Nissen fundoplication and negligent transection of left gastric artery resulting in loss of stomach via subsequent total gastrectomy. (Defense verdict). Vinson v. Alford. Madison Co. TX. Cause No. 01-9623-27B-02.
Cardiac surgery: Improper surgical technique resulting in post-operative myocardial infarction and wound dehiscence, leaving Plaintiff a cardiac cripple. (Defense verdict). Faircloth v. Anabtawi and Fhadli. Jefferson Co. TX. Cause No. D-118521.
OB/Gyn: Caesarean delivery complicated by extension of transverse uterine incision into pelvic sidewall causing massive bleeding. Inadvertent suturing of bladder resulting in permanent incontinence. (Settled during trial). Trehan v. Holt. Harris Co. TX. Cause No. 2000-62960.
General Surgery; Laparoscopic surgery: Poorly performed laparoscopic Nissen Fundoplication to repair paraesophageal hernia resulting in post-operative complications including need for subsequent open surgery. (Settled during trial). Lewis v. Barnes. Harris Co. TX. Cause No. 96-25069.
Urology: Alleged damage to penile urethra during balloon catheterization for retrograde urethrogram allegedly resulting in Peyronies disease and total impotence. (Defense verdict). Gaston v. Jaffe. Polk Co. TX. Cause No. CIV-19611.
Neurology: Failure to properly diagnose and treat increased intercranial pressure resulting in damage to optic nerve rendering the patient legally blind. (Settled during trial). Johnson v. Marais. Jefferson Co. TX. Cause No. A-160756.
Slip and Fall: Plaintiff slipped and fell in the produce section of a grocery store causing various orthopedic injuries. (Defense verdict). Hernandez v. Kroger. Harris Co. TX. Cause No. 82-01451.
Workers Compensation: Plaintiff hurt his back on the job when he fell from a fence. (Defense Verdict). Robinson v. Twin City Fire Insurance Co. Harris Co. TX.
Premises Liability: Car vandalized while at defendant's garage for repairs. (Defense verdict). Joiner v. Bob Morin Motors. Harris Co. TX.
Auto Accident: Plaintiff rear ended in a three car collision resulting in severe cervical neck injury. (Defense verdict). Bodnar v. Gillian. Harris Co. TX. Cause No. 82-54952.
Auto Accident: Plaintiff sued municipality following motorcycle accident in which his leg was severed upon impact with automobile at a blind intersection where vision was obstructed by piled up debris from hurricane. (Settled during trial). Chavez v. Mentock and City of Alvin, TX. Brazoria Co. TX. Cause No. 83-6-2868.
DTPA: Allegations of fraud and DTPA violations in connection with the sale and title transfer of an automobile by a car dealership. (Defense verdict). Bradshaw v. Highams Cadillac. Harris Co. TX.
DTPA: Damage to auto following improper installation of oil pan plug. (Defense verdict). Frizzel v. Maurice Auto Center, Inc. Harris Co. TX. Cause No. 18-268.
Premises Liability: Plaintiff hit by a barrel when it fell off of a fork lift severely injuring his back and stomach. (Settled during trial). Smith v. Chromalloy American Corporation. Harris Co. TX. Cause No. 79-08288.
Auto Accident: Plaintiff sustained concussion, fractured femur, facial lacerations and internal injuries resulting in scarring, multiple surgeries and physical disability after defendant driver hit a telephone pole. (Defense verdict). Harris v. Robinson. Harris Co. TX. Cause No. 1,074,105.
Emergency physician: Failure to diagnose appendicitis, resulting in perforation and laparoscopic appendectomy. (Defense verdict). Martin v. Durden. Walker Co. TX 18,995-C
OB/Gyn: Alleged sexual molestation during medical examination. (Defense verdict). Weed v. ______. Harris Co. TX 94-21323.
Surgery: Alleged negligent performance of carpal tunnel surgery, misrepresentation, and intentional infliction of emotional distress. (Defense verdict). Gonzales v. Brown. Harris Co. TX 93-927269.
Nursing home: Failure to properly supervise an 84-year-old resident who wandered from his nursing home and froze to death. (Defense verdict). Savage v. Beverly Enterprises. Winkler Co. TX 12,995.
Surgery: Negligently performed circumcision. (Defense verdict). Earls v. Powers. Harris Co. TX 95-12807
Emergency physician: Failure to discover a three-inch knife blade embedded in Plaintiff's arm during emergency room visit. (Defense verdict). Jackson v. Hisey. DeWitt Co. TX 96-11-17,331
General surgery: Negligent performance of hernia repair in physician's office, including claims of fraud, constructive fraud, and malice. (Defense verdict). Cline v. Smith. U.S. Dist. Ct. Eastern District of Texas – Marshall Div. 2-98CV0188
Podiatrist: Alleged failure to properly treat diabetic foot resulting in below-the-knee amputation. (Defense verdict). Wells v. Gunther. Harris Co. TX 2003-47211
Orthopedic surgry: Alleged negligent treatment of pelvic prolapse. (Defense verdict). Edgeworth v. Wilson. Bowie Co. TX 99C-0794-202
OB/Gyn: Negligent failure to provide gynecological services and delay in detecting cervical cancer. (Defense verdict). Runnels v. Olive. Orange Co. TX B-000,026-C
Dermatology: Negligent prescription resulting in severe burns. (Settled prior to Plaintiff verdict). Mares v. Walmart et al. Hidalgo Co. TX C-1449-01-G
General practice: Negligence in discharging elderly patient with undiagnosed hip fracture. (Defense verdict). Vann v. Selassie. Walker Co. TX 21028
Orthopedic surgery: Negligence during knee replacement surgery. (Defense verdict). Wyatt v. Kosty. Galveston Co. TX 01-CV-0573
Urology: Negligence during kidney stone removal resulting in torn ureter. (Defense verdict). Jones v. Sutton. Harris Co. TX 2002-37128
Orthopedic surgery: Negligent series of elbow surgeries resulting in patient with "dead" arm. (Defense verdict). Wickey v. Hyatt. Harris Co. TX 2002-25498
Orthopedic surgery: Failure to diagnose intra-operative bleed following hip surgery. (Defense verdict). Harris v. Cos. Harris Co. TX 2003-36375
Orthopedic surgery: Negligent performance of knee replacement. (Defense verdict). Crosswell v. Blackwell. Harris Co. TX 2003-37099
ENT Surgery: Failure to diagnose blood abnormality leading to interoperative bleed during removal of mass. (Plaintiff verdict). Holliday v. Lewis. Harris Co. TX 2003-30848
Family Practice: Failure to properly treat spider bite resulting in infection, necrosis and hospitalization. (Defense verdict). Hodge v. Shanley. Lee Co. TX 12,851
Family Practice: Post-operative overdose of narcotic resulting in respiratory suppression and death. (Defense verdict). Griffin v. Movva. Jefferson Co. TX D-170,957
Family Practice: Improper release of patient from nursing home with decubitus ulcer. (Defense verdict). Pickard v. Ellerbe. Liberty Co. TX CV-66189
Internal Medicine: Alleged improper diagnosis of diabetic patient leading to death. (Defense verdict). Sanchez v. Patel. Jefferson Co. TX D-175,854
Liposuction: Failed liposuction procedure resulting in fat necrosis and adhesions. (Defense verdict). Hamilton v. Smith. Harrison Co. TX 98-0246