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  • Juarez, et al. v. CHRISTUS Spohn Hosp. Corpus Christi – South, et al.; Cause No. 2012CCV-60204-3; In the County Court at Law Number 3 of Nueces County, Texas.
    The case involved the treatment of a severely premature 22-week-old infant with retinopathy of prematurity. Plaintiffs alleged the hospital and a vitreoretinal surgeon failed to timely recognize and treat the infant’s retinopathy of prematurity thus causing the infant to go blind. Verdict for the defense in less than an hour.

  • Pyle, et al. v. CHRISTUS Spohn Hosp. Corpus Christi – Shoreline; Cause No. 2012-DCV4741-E; In the 148th Judicial District Court of Nueces County, Texas.
    This case involved the death of a patient due to MRSA. Plaintiffs alleged a nurse failed to use aseptic technique when removing an IV catheter, resulting in a MRSA infection which was diagnosed 16 days after the removal of the catheter. The nurse refuted the allegation. Unanimous defense verdict in less than an hour.

  • Barrow v. CHRISTUS St. Elizabeth, et al; Cause No. E-186-481; In the 172nd Judicial District Court of Jefferson County, Texas.
    This case involved the death of a patient after his catheterization site ruptured, causing death by cardiopulmonary arrest. Plaintiffs claimed the Hospital violated EMTALA because the cardiologist did not evaluate the patient at the Hospital. Prevailed on a No Evidence Motion for Summary Judgment.

  • Allgor v. Anton, MD & Camp, MD; Cause No. 2011-01014; In the 190th Judicial District Court, Harris County, Texas. 
    This wrongful death claim stemmed from a laser lead extraction during which a hole tore in the patient’s heart. Plaintiff claimed the defendants should have performed a pericardiocentesis. Defense verdict.

  • Bourdon v. Kobuszewski & Sumitomo Corp. of America; Cause No. D-1-GN-09-001898; In the 345th Judicial District Court, Travis County, Texas. 
    Case involved a vehicular accident involving a motorcycle in which the motorcycle hit the defendant from behind. The allegation was that the defendant pulled out in front of the motorcycle. The defense contended that the motorcycle driver was under the influence of marijuana, was speeding and did not possess a motorcycle license. The jury returned a verdict in which they apportioned the majority of the liability on the Plaintiff motorcycle driver.

  • Fernandez, et al. v. Uzquiano, MD, et al.; Cause No. 2008-21541; In the 270th Judicial District Court, Harris County, Texas. 
    The case involved the minor Plaintiff’s birth-related injuries allegedly sustained during her delivery.  Unanimous defense verdict.

  • Racine v. Raine, MD; Cause No. 2007-70145; In the 11th Judicial District Court, Harris County, Texas.
    The case involved a hysterectomy and subsequent bladder perforation.  The Plaintiff alleged the physician was negligent in failing to detect a 4 cm tear in the bladder when performing the hysterectomy.  The physician believed the tear occurred when the Plaintiff was examined in the emergency room subsequent to the hysterectomy.  Unanimous defense verdict.

  • Deng v. Chinese Civic Center; Cause No. 2006-33062; In the 333rd Judicial District Court; Harris County, Texas.
    Breach of contract claim asserting over a million dollars in damages.  The Plaintiff non-suited his claim on the eve of trial; the Defendants proceeded on counterclaim as statute of limitations had not expired.  Defense verdict.

  • Dorriety v. CHRISTUS St. Catherine Health & Wellness Center; Cause No. 2007-67389; In the 189th Judicial District Court; Harris County, Texas.
    The case involves the death of a patient with chronic diabetes insipidus who was admitted to the hospital with hyponatremia.  The jury assigned primary liability on a physician who the Plaintiffs non-suited but who had been designated as a Responsible Third Party.

  • Vazquez v. Baylor College of Medicine, et al.; Cause No. 2007-75990; In the 189th Judicial District Court of Harris County, Texas. 
    The Plaintiff and her husband filed suit against Baylor College of Medicine and five obstetrician/gynecologists alleging a failure to diagnose an underlying bleeding disorder and caused her to have an emergency hysterectomy.  Plaintiffs sought damages in excess of $17.5 million.  Defense verdict.

  • Harlien v. CHRISTUS Spohn Hosp. Corpus Christi – Shoreline; Cause No. 07-60579-00-0-3l; In the County Court at Law Number Three; Nueces County, Texas. 
    The case involves allegations that the Plaintiff suffered a shoulder injury due to negligent positioning and padding during back surgery.  The codefendant neurosurgeon settled one month prior to trial.  The jury found the codefendant anesthesiologist 60% liable and the hospital 40% liable. 
    On appeal, the plaintiff argued there was insufficient evidence against the settling codefendant anesthesiologist, but the appellate court upheld the jury’s verdict so that the majority of the liability was assigned to him.

  • Watts v. Coker, MD; Cause No. 2005-72278; In the 127th Judicial District Court; Harris County, Texas. 
    The Plaintiff experienced severe neurological injuries following surgery for an acoustic neuroma.  Defense verdict.

  • Bienvenue v. Budoff, MD; Cause No. 2004-28510; In the 280th Judicial District Court; Harris County, Texas. 
    The Plaintiff alleged her orthopedic hand surgeon did not properly perform her fusion surgery.  The subsequent treating physician made derogatory comments in medical records. Defense verdict.

  • Hess v. Oncologic Gynecology of Houston, et al.; Cause No. 2003-49354; In the 157th Judicial District Court; Harris County, Texas. 
    A case alleging improper technique and lack of informed consent by a gynecologic oncologist during Plaintiff’s labia reduction surgery.  Defense verdict.

  • McNurlen v. Condefer, MD, et al.; Cause No. 2003-47233; In the 165th Judicial District Court of Harris County, Texas.  
    Claims against a Professor of Medicine and Director, Eugene B. Casey Hepatitis Research Center and Diagnostic Laboratory at Baylor College of Medicine for the provision of care to a patient who suffered from cirrhosis and Hepatitis C. The patient experienced the complication of peritonitis, which ultimately caused his death.  Unanimous defense verdict.

  • Scholton v. Beaver; Cause No. 2002-55088; In the 164th Judicial Court; Harris County, Texas. 
    The Plaintiff alleged a failure to obtain proper informed consent regarding the risks of a total thyroidectomy, which she experienced post-operatively.  Defense verdict.

  • State of Texas v. Kendrick Shepherd; Cause No. CT04-11713; In the Justice Court No. 2; Brazoria County, Texas.
    A case involving 18-wheel truck accident and alleged driver violation of Texas Transportation Code. Defense verdict.

  • Trahan v. Samman; Cause No. A170964; In the 58th Judicial District Court; Jefferson County, Texas.  
    A case involving the death of a young mother from undiagnosed myocardial ischemia.  A very favorable high/low agreement was entered into prior to a verdict for the Plaintiff, thus limiting damages a quarter of what was awarded.

  • Barker v. Baylor College of Medicine; Cause No. 2002-63342; In the 295th Judicial District Court; Harris County, Texas. 
    After aneurysm surgery, the patient was hospitalized for months and ultimately died.  Defense verdict.

  • DeLaFuente v. CHRISTUS; Cause No. 02-2183-H; In the 347th Judicial District Court; Nueces County, Texas.
    A highly problematic brain damaged baby case resulting in a verdict in favor of the defendant physician. 

  • Kreitz v. Urano; Cause No. 2001-03668; In the 151st Judicial District Court; Harris County, Texas. 
    A case involving life threatening complications and scarring in a young woman following laparoscopic surgery.  Defense verdict.

  • Puente v. CHRISTUS St. Joseph Hosp.; Cause No. 2002-34990; In the 113th Judicial District Court; Harris County, Texas. 
    The patient underwent cardiac surgery and experienced post-operative complications including decubitus ulcers and ultimately death.  Defense verdict.
  • Salcetti v. Keller; Cause No. 2002-57412; In the 269th Judicial District Court; Harris County, Texas. 
    A case alleging failure to diagnose cancer and performing unnecessary surgery resulting in leg deformity.  Defense verdict.
  • Callahan, et al. v. Betts, MD; Cause No. 2001-147; In the 34th Judicial District Court of El Paso County, Texas. 
    A case against a neurosurgeon involving a 27-year old gentleman who died from a severe basilar skull fracture. Unanimous defense verdict.

  • Estate of Evangelina Manicom, Deceased, et al. v. Murillo, MD, et al.; Cause No. 319900-401; In Probate Court Number One of Harris County, Texas.  
    A case against a surgeon for an alleged failure to diagnose and treat a perforated bowel due to a fall from a ladder.  Unanimous defense verdict.

  • Sanders v. Rao; Cause No. 2000-41368; In the 125th Judicial District Court; Harris County, Texas.   
    A case involving a patient’s death due to undiagnosed unstable angina.  The case settled favorably for the Defendant after one week of trial.  

  • Skinner v. San Jacinto Methodist; Cause No. 2001-04328; In the 11th District Court; Harris County, Texas.  
    The case involved a patient who had one year of hospitalization and twenty-five surgeries for undiagnosed necrotizing fasciitis.  The case settled favorably during jury deliberations.  Following settlement, jurors revealed they were 9-3 in favor of defendants.

  • Guadalupe Narvaez, et al. v. St. Luke’s Episcopal Hosp., et al.; Cause No. 312593-401; Probate Court Number Two of Harris County, Texas.  
    Representation of Cardiovascular Fellow during the performance of an electrophysiology study, resulting in the death of the patient. Unanimous defense verdict.

  • Hill v. Trask; Cause No. 98-45133; In the 164th Judicial District Court; Harris County, Texas. 
    A case involving a patient who had a hemorrhage and near fatal arrest during pituitary surgery.   Defense verdict. 
 
 

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  APPEALS

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  • In re CHRISTUS Santa Rosa Health System, d/b/a CHRISTUS Santa Rosa Hospital - New Braunfels; No. 14-1077; 2016 WL 3157558 (Tex. 2016).
    The trial court ordered production of a physician's confidential credentialing file. The hospital petitioned for a Writ of Mandamus in the Court of Appeals, which was denied. On appeal, the Texas Supreme Court granted the writ, finding that the trial court did not adequately review the documents critical to the Medical Peer Review privilege.
    Court's Opinion

  • CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi - Memorial v. Angela Young; No. 13-13-00556-CV; (Tex. App.—Corpus Christi, 2014).
    The trial court denied the hospital's Plea to the Jurisdiction based on governmental immunity. The Thirteenth Court of Appeals reversed, finding that there was no waiver of immunity. The Court of Appeals rendered judgment in favor of the hospital and dismissed the claims for lack of jurisdiction.
    Court's Opinion

  • Charles Haskell v. Seven Acres Jewish Senior Care Services, Inc., et al.; No. 01-09-00553-CV; 363 S.W.3d 754 (Tex. App.—Houston [1st Dist.] 2012, pet. denied).
    The trial court granted Defendants’ Motion to Dismiss based on Plaintiff’s failure to serve an expert report as required by Chapter 74 of the Texas Civil Practice and Remedies Code. The First Court of Appeals affirmed, holding that the physician correspondence served by Plaintiff did not qualify as a Chapter 74 expert report and as such, Plaintiff was not entitled to a 30-day extension to file new reports. The Court further opined that if a report is so deficient that it constitutes no report at all, the 21-day period to object is not triggered.
    Court's Opinion

  • Perez v. CHRISTUS Spohn Hosp. Corpus Christi – Memorial; No. 13-09-260-CV; 2010 WL 672799 (Tex. App.—Corpus Christi, 2010).
    The trial court granted Defendant’s Plea to the Jurisdiction on February 9, 2009 because Plaintiffs failed to plead a sufficient cause of action to waive Defendant’s sovereign immunity under the Texas Tort Claims Act.  This ruling dismissed all claims against the Hospital. 

Plaintiffs filed a Motion for New Trial one day after the deadline and appealed the trial court’s decision to the Thirteenth Court of Appeals.  The Court dismissed the appeal for want of jurisdiction because the motion for new trial was not timely filed.  
Court's Opinion

  • CHRISTUS Spohn Hosp. Corpus Christi – Memorial v. Trammell; 13-09-199-CV, 2009 WL 2462899 (Tex. App.—Corpus Christi, 2009).
    The trial court denied Defendant’s Motion to Dismiss the Plaintiffs’ Claims after a second expert report was served that did not adequately set forth the Hospital’s negligence or causation.  Defendant appealed the denial to the Thirteenth Court of Appeals, and the Court reversed the trial court, finding the expert report was insufficient, and remanded for dismissal and attorneys’ fees.
    Court's Opinion

  • EduCare Community Living v. Celedon, No. 13- 08-00461-CV, 2009 WL 3210950 (Tex. App.—Corpus Christi October 08, 2009, no pet.). 
    Holding that the allegations health care institution employees failed to properly monitor and supervise that resulted in the sexual assault of one patient by another patient constituted health care liability claims under Chapter 74.
    Court's Opinion

  • Skloss v. Perez, No. 01-08-00484-CV, 2009 WL 40438 (Tex. App.—Houston [1st Dist.] January 08, 2009, no pet.).
    Holding that a Licensed Professional Counselor is a health care provider covered by Chapter 74 and that allegations of fraud related to services provided constituted health care liability claims.
    Court's Opinion

  • EduCare Community Living v. Rice, No. 05-07-00964-CV, 2008 WL 2190988, (Tex. App.—Dallas May 28, 2008, no pet.). 
    Holding that the allegations an employee of a health care institution assaulted a patient and the failure to provide proper monitoring were health care liability claims.  The Court also held that even in cases where proximate causation is evident, an expert report from a physician is still required under Chapter 74.
    Court's Opinion

  • Poland v. Grigore, 249 S.W.3d 607 (Tex. App.—Houston [1st Dist.] 2008).
    The First Court of Appeals affirmed the dismissal of Plaintiffs’ claims, opining that under former section 74.351(a) the 120-day period in which a claimant must serve a defendant health care provider with an expert report and curriculum vitae is triggered when a health care liability claim against that defendant is filed.
    Court's Opinion

  • Gary Vanderbeek v. San Jacinto Methodist Hosp., 246 S.W.3d 346 (Tex. App.—Houston [14th Dist.] 2008). 
    Affirming the granting of summary judgment based on Chapter 95 of the Texas Civil Practice and Remedies Code which governs a property owner’s liability for acts of independent contractors.

  • In re Harvest Communities of Houston, 88 S.W.3d 343 (Tex. App.—San Antonio 2002, orig. proceeding). 
    Mandamus proceeding holding that independently retained physician experts are different than treating physician experts and striking the retained experts is a death penalty sanction.
 
 

 

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