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Some Representative
Trials:
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. Lavacca 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’s 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.
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.
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.
Urologist: 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.
Neurologist:
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
Podiatric surgeon: Alleged
severing of tendon during bunionectomy. (Plaintiff verdict) Shelton v.
Gordon. Harris Co. TX 94-37589
Podiatric surgeon:
Alleged unnecessary foot surgery. (Defense verdict) Todd v. Lykke.
Harris Co. TX 96-06815
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
Podiatric surgery:
Alleged negligent foot surgery. (Defense verdict) Rodriguez v. Day.
Harris Co. TX 1999-42839
Internist:
Failure to diagnose gallstone-induced pancreatitis. (Defense verdict)
Pugh v. Mahesri. Montgomery Co. TX 00-02-00801-CV
Podiatric surgery:
Alleged negligent foot surgery. (Defense verdict) Stallman v. Day.
Harris Co. TX 2000-26229
Orthopedic surgeon:
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
Dermatologist: 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
Urologist:
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
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