Buttram & Associates has attorneys with over ten years experience in the legal field who can assist you with almost any legal situation. Buttram & Associates provides free consultations to people interested in their services and provides these services on a contingency fee or hourly fee basis.  The following are some of the most recent settlements and verdicts which have been obtained by Stephen Buttram and his past and present partners as published by the Texas Blue Sheet.  Call any of the attorneys or legal assistants listed below and they will be happy to answer any of your questions or fill out our online legal inquiry and someone will contact you to answer your questions as soon as possible.

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Christofer Dilan  

Derrick M. Saulsberry                     

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Texas Blue Sheet                                                                                    Case Report - January 31, 2005

Settlement: $100,000

Cause of Action: Medical Malpractice

Case: Cause No. 2003-08-4286-C; Reynaldo C. Rodriguez and Margarita Rodriguez v. Danilo K. Asase, M.D., F.A.C.S. and Urologic Specialist Associates, P.A.; In the 197^th Cameron County District Court, Texas.

On Febuary 12, 2002, plaintiff Reynaldo Rodriguez, 55, a residential homebuilder, underwent a surgical procedure to remove a ureteric stone performed by Danilo K. Asase M.D. F.A.C.S.  Asase, who had treated Rodriguez for the condition prior to the surgery, performed a basket extraction (fiberoptic instrument called a ureteroscope is inserted throughthe urethra and passes through the bladder to the stone, which is removed with a small basket inserted through the ureteroscope) on Rodriguez.  During the procedure, Asase tore a two-millimeter hole in Rodriguez's ureter.  He attempted to repair the hole, but was not successful.

Rodriguez and his wife sued Asase and his practice, Urologic Speceialist Associates P.A., Harlingen, for medical malpractice.  He claimed that Aase should have broken the stone up before attempting to remove it.  The stone was between six and eight millimeters in size.  Rodriguez asserted that the standard of care required a stone of that size to be fragmented before being removed.  His expert testified that Asase should have performed a ureteral reimplant immediately upon discovery of the problem.

The defense contended that the standard of care did not require fragmentation of the stone and that at the time, ureteral reimplant was not required either.

INJURIES/DAMAGES:

Rodriguez required additional surgery to have his ureter repaired.  He sought damages of approximately $51,000 for medical expenses.  He was out of work for six months after the procedures.  He sought damages for lost earnings of $30,000.  A large amount of scar tissue resulted from the surgery and caused him disconfort.  His wife had to care for him while he was in recovery.  She sought damages for loss of services.

RESULT

The case settled for $100,000.

 

 

Verdict: $52,000

Cause of Action: Medical Malpractice

Case: Cause No. 2003-47465; Nadide and Christopher Johnson, Individually and on Behalf of  Their  Minor Child, Caleb Johnson v. Quest Diagnostics Clinical Laboratories, Inc. and Methodist Hospital; In the 280^th Judicial District Court of Harris County, Texas.

On December 17, 2002, plaintiff Nadine Johnson, a housewife, was in her eighth month of pregnancy when she changed OB/GYNs.  Her new doctor ordered a new round of baseline tests, including HIV, Hepatitis C and CBC tests at The Methodist Hospital in Houston.  The hospital serves as a draw site for Quest Diagnostics Laboratories. A Methodist employee drew the blood sample and sent it to Quest for testing.

According to Johnson on December 27, she was informed by her OB/GYN that her HIV Test had come back positive.  She was immediatly referred to an infectious disease OB/GYN, who informed her that she could not have anyone in the delivery room who did not know of her HIV status and that she needed to put on AZT immediately to lessen the chance of her newborn contacting HIV as well.  Within hours, Johnson went into labor and had to meet her parents and her husband's parents in a parking lot to inform them that she was HIV-positive.  Thereafter, she went to another hospital and was immidiately placed on AZT through an IV.  Additional blood was drawn for further HIV testing.  After Johnson's child Caleb was born, he was immediately taken to ICU and placed on AZT.  He remained on AZT for about two weeks until Johnson's doctor allowed her to remove him from the medication.

It was not until this point that the infectious disease OB/GYN informed Johnson that all of the follow-up HIV tests had come back negative and that it was his opinion that a mislabeling of her blood test had occurred.  He then wrote a letter to that effect to both Quest and Methodist.  Quest retested the blood and examined the label to ensure that it was the label provided by Methodist.  Quest then called Methodist and informed them that the blood had been retested and the label was a Methodist label, thus the error occurred at Methodist.

INJURIES/DAMAGES:

The Johnsons claimed mental anguish and physical pain from the false-positive HIV test results.

RESULT

The jury awarded $50,000 for mental anguish and $2,000 for physical pain.

Texas Blue Sheet                                                                                           Case Report - April 5, 2004

On October 29, 1001, plaintiff Thao Chau, 29, a manicurist, suffered an 80% placental abruption and delivered twins Steven Dien Do and Havy Dien Do by emergency cesarean section.

Chau had presented to the office of her obstetrician, Duc Bui Le, during her uncomplicated 38^th week of twin gestation. Le performed an ultrasound and a sterile vaginal exam and then instructed Chau to check into Memorial Hermann Southwest Hospital. Havy had an unremarkable neonatal course, but Steven suffered hypoxia and required vigorous resuscitation, including cardiopulmonary resuscitation (CPR), intubation, mechanical ventilation and cardiac medications.

Plaintiff Thao Chau and her husband, Ha Dien Do, a self-employed signmaker, on Steven and his sister Havy's behalf, sued the hospital, the medical personnel charged with Steven's care and their employers: Duc Bui Le, M.D.; Deanna McDonald, M.D.; Fort Bend OB/GYN LLP, Houston; Fort Bend OB/GYN Associates, Houston; Jefferson Riddle, M.D.; Virenda H. Oza, M.D.; Greater Houston Anesthesiology, P.A.; Belen Garza, R.N.; Bonnie Riley, R.N.; Susan Thomas, R.N.; Cristina Reyes Camacho, R.N.; Memorial Hermann Hospital System, operating as Memorial Hermann Southwest Hospital, Houston; Memorial Family Practice Residency Program, Houston; MHS Physicians of Texas, Houston; Kecia R. Leigh, M.D.; Lecresha A. Peters, M.D.; Pamela Nguyen, M.D.; and The University of Texas Health Science Center at Houston.

The plaintiffs alleged that Steven's care and treatment fell below the standard of care in that: obstetrician Le failed to timely recognize the non-reassuring fetal heart tracing, timely apply a fetal scalp electrode, and timely perform a C-section; that the attending nursing staff failed to timely notify Le of Steven's lack of fetal heart tracings; and that Memorial Hermann Southwest Hospital failed to both have qualified personnel present for Steven's resuscitation and ensure that an accurate and complete medical record of his care was maintained.

The plaintiffs also alleged that the anesthesiologist for Chau's C-section, Jefferson Riddle of Greater Houston Anesthesiology, failed to intubate Steven properly (intubating the esophagus rather than the lungs), failed to check for proper intubation (using a stethoscope or looking for end tidal carbon dioxide) and/or failed to properly secure the intubation tube (taping it to Steven's mouth) prior to turning care over to the neonatal team.

All the defendants maintained that they met or exceeded the applicable standards of care in treating Steven. The defense argued that Chau's labor was uneventful until she suddenly suffered a placental abruption, and that the placental abruption pathology was consistent with a terminal abruption, or one occurring very shortly before delivery.

Defendants Riddle and Greater Houston Anesthesiology also claimed immunity from suit under the Good Samaritan Statute.

The defense experts contended that the difficulties experienced with Steven's resuscitation were the result of hypoxia and significant blood loss (secondary to an unforeseen abruption), and were not the result of misintubation.

McDonald, Oza, Leigh, The University of Texas Health Science Center at Houston and Riley were nonsuited.

Jefferson Riddle, M.D. and Greater Houston Anesthesiology were dismissed on summary judgment based upon the Good Samaritan Statute.

Steven suffered hypoxia resulting in severe and permanent brain damage. He currently suffers from cerebral palsy, hypoxic ischemic encephalopathy, developmental delay, chronic renal failure, cardiomyopathy and seizure disorder. He experiences daily seizure and choking episodes. According to Plaintiff's life care planner, Steven has global neurological and developmental deficits; is unable to function independently; and will require constant care by an attendant for the rest of his life. Plaintiffs' economic experts estimated that Steven's care costs would be in the range of $260,000 to $300,000 annually until age 21 and thereafter would require approximately $269,000 annually for home care of $145,000 annually for facility care.

The plaintiffs reached a confidential settlement with Le, Fort Bend OB/GYN, Fort Bend OB/GYN Associates, Garza, Thomas, Camacho, Memorial Hermann Hospital System, Memorial Family Practice Residency Program, Peters and Nguyen.

Texas Blue Sheet                                                                                        Case Report - March 8, 2004

Settelement: $120,000.00

According to the plaintiff's petition, at about 7:30 p.m. on February 25, 2001, Vernon-Coates, 42, a welder was sitting outside his home in unincorporated Chambers County when he saw several sheriff's deputies gathered at the corner. Coates, who is black, became concerned that they might be questioning his son, who is deaf and mute, having heard that the sheriff's department were targeting the county's black communities since Monroe Kruezer became sheriff the previous month. Concerned that the deputies would misinterpret his son's failure to hear or respond to them, Coates rushed to the scene but found that his son was not involved.

Coates alleged that when he attempted to leave, deputies Kevin Laird, David L. Beck, and Paul D. Thomplait rushed Coates, threw him against his truck and handcuffed him, then Beck hit him in the back of the head. Coates claimed that he was thrown to the ground, handcuffed and repeatedly kicked and beaten with a flashlight or nightstick. The deputies denied Coates medical treatment and booked him into the Chamber County jail, charging him with resisting arrest and disorderly conduct. When Coates implied that he was going to file a complaint and said he knew the name of one of the men involved, he was charged with making a terroristic threat. Coates posted bail and was released on February 26.

Coates complained to the civil rights division of the Federal Bureau of Investigation in Texas City. He alleged that the deputies who harassed him were members of the a so-called "civil rights squad," so feared by numerous black residents that they would not go out at night. Coates claimed that he was directed to collect statements from other blacks whose rights had been violated by deputies.

On March 15, two deputies alleged that Coates attempted to run over them. Patrol cars chased Coates to his home, where he came out with his hands above his head. Deputies threw him off the porch onto the ground and repeatedly kicked and hit him. He was taken to the emergency room, then jailed again, charged with attempted capital murder of a public servant, aggravated assault of a peace officer, evading arrest/detention, evading arrest/detention using a vehicle, and resisting arrest.

On September 3, 2001, Coates was stopped by deputies Brett Hulsey and John Joslin. Although Joslin allegedly did not believe that Coates was intoxicated, he filed a DWI charge against Coates at the instruction of Chief Deputy Dearl Hardy.

After the criminal charges were dropped, Coats sued Chambers County; Monroe Kreuzer, individually and in his official capacity as sheriff; Dearl G. Hardy, individually and in his capacity as chief deputy; and Frank L. Saye, David L. Beck, Paul D. Tomplait, Kevin Laird, Larry V. Fechner, Brett L. Hulsey and John E. Joslin, individually and in their capacities as sheriff's deputies, alleging that they misused their powers, violated 42 U.S.C. sec. 1981, 1983 and 1985, and were guilty of gross negligence, false imprisonment, malicious prosecution, assault and battery, intentional infliction of emotional distress and conspiracy. Coates alleged joint and several liability and vicarious liability.

Texas Blue Sheet                                                                                  Case Report - November 3, 2003

Settlement: Confidential

Plaintiff, Leona Devine, 58 underwent a breast biopsy on July 21, 2001, at Conroe Regional Medical Center. Her surgeon was Richard Collier Jr. And the pathologist was Joyce Maldonado, and employee of the Baylor College of Medicine. During the surgery, Maldonado interpreted Devine's biopsy as an infiltrating ductul cardinoma, a malignant condition, and based on this interpretation, Collier performed a partial mastectomy with lymph node dissection. Several days later, Maldonado's review of the frozen slides of the biopsy determined that the correct diagnosis was sclerosing intraductile papilloma, a benign condition.

Devine suffered a partial mastectomy and lymph node dissection which resulted in permanent lymphedema. The daily swelling must be controlled with a compression sleeve and daily massage therapy.

Collier was non-suited. Maldonado and the Baylor College of Medicine settled on confidential terms.

Texas Blue Sheet                                                                                            Case Report - April 8, 2002

Settlement: $3,750,000

The driver of a car and the mother of his minor-child passenger settled their lawsuit against two trucking companies and the owners and driver of a tractor trailer after they were involved in a highway accident with the truck.

On November 22, 1997, Murley K. Douglas, the driver and Tarick Ozone, his child were traveling westbound on I-10 in Chambers County, Texas, in the outside lane. Douglas and Ozone's mother alleged that Jose Antonio Arrona, driving an 18 wheeler and also westbound on I-10, improperly changed lanes striking Douglas' car.

Ozone's mother, Mona Kay Ozone, and Douglas sued Ace Transportation Inc. David Simons and Crystal Oliver were named as owners of the truck. They alleged that Ace was subject to the control of Defendant Total Transportation Services, Inc.

Ozone and Douglas also alleged that co-defendants Ace Transportation, Inc., Total Transportation Services, Inc., Simons and Oliver were negligent in the hiring, training, and supervision of Arrona. The negligence per se issue arose out of alleged violations of Federal Motor Carrier Safety Regulations and Section 542 of the Transportation Code.

The Defendants contended that Douglas negligence was the proximate cause of the accident.

All counsel refused to discuss the case; the information was obtained from court records.

Settlement: The case was settled for $3,750,000 as follows: $1,980,175.60 to Mona Kay Ozone; $1,604,005.26 to Tarick Jerome Ozone; and $165,819.14 to Murley K. Douglas. It was also ordered that the settling defendants pay the guardian ad litem $12,615. The various defendants' respective contributions to the settlement was not revealed.

Texas Blue Sheet                                                                                Case Report - November 19, 2001

Settlement: $1,850,000

The wife and two adult children of a man rendered brain damaged by back surgery in 1996 have accepted a $1.85 million settlement.

The family of Gary Wayne Pitts, Sr., 47, alleged that doctors prematurely extubated Pitts, causing him to go into cardiac arrest and suffer, permanent brain injury. Pitts injured his back in a work-related incident in July 1995. On March 11, 1996, he underwent a spinal fusion at Hermann Hospital. During the operation he lost a large amount of blood and received excessive amounts of replacement fluids. After the surgery, the plaintiffs claim that defendant doctors Dennis Overton and Alana L. Craig prematurely extubated Pitts, leaving him unable to breathe. The nursing staff of Hermann Hospital held Pitts down on the operating table while he suffered a cardiac arrest, the plaintiffs maintained. They further alleged that Pitts was resuscitated, but became comatose and suffered severe permanent brain injury from the ordeal.

Pitts was transferred first to the intensive care unit and later to the Texas Institute of Research and Rehabilitation. As a result of the negligence and gross negligence of the defendants, the plaintiffs claimed Pitts is totally and permanently disabled and is a resident at the Beacon Health Facility in The Woodlands.

Legion Insurance Co. had a WC lien in excess of $3 million.

Court Records Reveal $1.85 Million Settlement. Parts of the February 9 settlement are confidential, but according to court records, Dr. Craig settled prior to trial for $100,000, of which $20,000 goes to Legion Insurance Company; The University of Texas and related entities settled prior to trial for $100,000, of which $20,000 will go to Legion Insurance Company; Hermann Hospital Estate settled prior to trial for $1,150,000, of which $230,000 goes to Legion Insurance Company; and Dr. Overton settled prior to trial for $500,000, of which $100,000 goes to Legion Insurance Company. The total settlement is $1,850,000, according to the documents.

Texas Blue Sheet                                                                                    Case Report - October 22, 2001

Settlement: $225,000

A 49-year-old woman who is now wheelchair-bound because of a broken ankle she sustained in an escalator accident, has settled her claims with the department store chain and escalator subcontrator for $225,000.

On December 27, 1997, at approximately 10:00 a.m., Patricia Gail Sieber was riding up the escalator at Lord and Taylor in the Galleria when her pant leg became caught in the gap in the side of the escalator step. It was disputed as to whether Sieber fell before her pant leg became caught. The escalator then pulled the pant leg into the escalator causing Sieber's ankle to buckle resulting in her falling backwards. Sieber was then dragged up the escalator until it was stopped at the top (disputed).

The plaintiffs alleged negligent maintenance of the escalator. Loretta Berry is Patricia Sieber's sister.

Confined to Wheelchair: Sieber sustained a severely broken ankle which, because of her muscular dystrophy, cannot heal, leaving her prematurely wheelchair-bound. She incurred $34,263.81 in medical expenses.

Settlement Reached: On July 19, 2001, the parties reached a settlement whereby Lord and Taylor paid $25,000 and Montgomery Kone paid $200,000. The Galleria Limited was non-suited.

Texas Blue Sheet                                                                                    Case Report - October 15, 2001

A 47-year-old woman, on September 12, settled with the physicians who filed to timely diagnose breast cancer, for $1.2 million.

Eula West underwent a mammogram and ultrasound at Clear Lake Breast Diagnostic in Feruary and March of 1998. A Clear Lake Breast Diagnostic radiologist, Beverly Dreher, read these films. Dreher reported that she found a solid nodule which she described as suspicious abnormality and recommended that West go to a surgeon for a biopsy. West followed these instructions and went to a surgeon by th name of Beverly Lewis. Lewis examined West and chose to ignore the recommendation of Dreher and instead instructed West to follow-up with Mainland Hospital in six months for another mammogram.

In September 1998, West had her follow-up mammogram performed at Mainland Hospital. A Mainland radiologist, Russell Olsan, read this mammogram. Olsan interpreted the mammogram as showing a rapidly growing mass. Despite the fact that six months earlier, the mass was determined to be solid and that a biopsy had been suggested. Olsan recommended that an ultrasound be performed to determine if this mass was solid.

Following this report, Lewis faxed an order to the scheduling department at Mainland Hospital for not just an ultrasound as recommended by Olsen, but for an ultrasound with aspiration. Unfortunately, this order was not faxed from the scheduling department to the radiology department until several minutes after West was admitted for her procedure. In fact, the admission form for this procedure stated the reason West's visit was an ultrasound, not an ultrasound with aspiration. Coincidentally, Olsan with the assistance of a Mainland Hospital sonographer, Billie Rosenberger, only performed an ultrasound. Olsan misread this ultrasound as showing a simple cyst. Lewis recommended that West follow-up in six months for another mammogram. In June 1999, West returned to Clear Lake Breast Diagnostic for a mammogram and ultrasound, which was interpreted by Dreher as highly suggestive of cancer.

The Defendants contended that they had literature to suggest that the delay in diagnoses did not affect West's survivability because she responded so dramatically to the pre-operative chemotherapy.

Cancer Metastasized. Due to the defendant's failure to discover West?'s breast cancer at an earlier date, the cancer was allowed to grow to eight centimeters and metastasized to a node located in the axillary tail of her breast. West was diagnosed with Stage III breast cancer with a five-year life expectancy of less than 50% and a treatment plan which included an initial six month course of chemotherapy comprising of Adriamycin and Cytoxan, a complete mastectomy and then another six months of chemotherapy comprising of Taxol. Her treatment ultimately caused West's life-threatening congestive heart failure. West's medical expenses totaled $143,243. She made a claim for lost wages in the amount of $2,445.

Parties Agree to Settlement. The case settled prior to trial for $1.2 million, of which Olsan paid $600,000, Lewis $500,000 and Columbia $100,000. Alliance Radiology was non-suited.

Texas Blue Sheet                                                                                          Case Report - June 21, 1999

Verdict: $3,972,400

Lael Henning had a mammogram in August of 1994 and again in May of 1995. The 1994 mammogram was read by Dr. P. Milton Gray, Jr., the 1995 mammogram was read by Dr. Samuel Baird. Both radiologists were with Singleton Radiology Associates. Both interpreted the mammograms as negative for cancer. Mrs. Henning had another mammogram in May of 1996. It was read by Dr. Gray who recommended a surgical biopsy. It was learned she had breast cancer and it had metastasized spread to her lymph nodes. It was subsequently learned that she had lung cancer. She died 11-29-97 at age 60.

The trial proceeded against Singleton Radiology and Dr. Baird. Defendants argued: (1) The interpretations were reasonable with the information available at the time, and (2) Mrs. Henning died of lung cancer unrelated to the breast cancer. They contended the lung cancer was from smoking. One of the Defendants' experts testified there was a 99% medical certainty the lung cancer was unrelated tot he breast cancer; another testified that it was a 95% to 100% certainty the two cancers were unrelated.

Jury found there was medical malpractice apportioned: 70% Singleton Assoc. (Actions of Dr. Gray),

25% Dr. Baird, and 5% Dr. Law. No negligence as to Dr. Granier. Awarded: $3,972,400.

Case settled post-trial for $3,202,500. Court papers reflecting settlement reached and requesting previous judgment be vacated were filed in Harris County the week of April 10, 2000.

See The Blue Sheet of Southeast Texas, Vol. 23, Issue 28, dated 7-12-99, pg. 14.