Sexual AssaultJuly 2006 Tractor Trailer Medical Malpractice Tarrant County, Texas Tarrant County, Texas Pedestrian Struck by a Truck Tarrant County, Texas Case: A pedestrian struck by a truck as he was several feet from the shoulder of the road loading a disabled van onto a trailer. He suffered an above the knee amputation, severe injury to multiple internal organs, and back and hip trauma, along with possible closed head injury, and post accident depression. His medical expenses exceeded $120,000, and he was permanently disabled from his job at a steel plant. Plaintiffs Claimed Diagnosis of Spinal Abscess Delayed Settlement Case Type: Radiologist, Medical Malpractice - Radiology, Medical Malpractice - Delayed Diagnosis, Medical Malpractice - Delayed Treatment Case: Daniel Mark Burt, Individually, Kathy M. Burt, Individually, and as Next Friends of Justin Ryan Burt v. Michael Joel Lanoux, M.D.; Terri L. Allen, M.D.; Fort Worth Imaging, P.A.; Maxum Health Services Corp., d/b/a Insight Diagnostic Center-8th Ave., et al.; Harris Methodist Fort Worth; Texas Medicine Resources, LLP; Mitchell Dee Bowman, M.D., and Todd Cowan, M.D., No. 342-196710-02 Venue: Tarrant County District Court, 342nd, TX Judge: Bob McGrath Plaintiffs Attorneys: Date: 08-23-2004 On the evening of Oct. 11, 2001, plaintiff Daniel Mark Burt, 41, a warehouseman who had been in conservative treatment for lower back pain, underwent an MRI which showed a 3-inch-long mass in the epidural space of his lumbar spine. The MRI had been ordered by his primary care physician, Todd Cowan. It was performed at Insight Diagnostic Center-8th Avenue and was read by radiologists Michael Joel Lanoux and Terri L. Allen. On the morning of Oct. 14, Burt was unable to move his legs. He was taken to Harris Methodist Fort Worth Hospital, and the mass was diagnosed as a spinal epidural abscess. It was removed, but not before it had caused permanent injury. Alleging negligence, Burt and his wife, for themselves and their 10-year-old son, Justin, sued Cowan; Maxum Health Services Corp., operating as Insight Diagnostic Center-8th Avenue.; several other Maxum entities; Lanoux; Allen; Allen's practice, Fort Worth Imaging P.A.; Harris Methodist Fort Worth; the hospital's parent company, Texas Medicine Resources LLP; and an emergency room doctor, Mitchell Dee Bowman. The plaintiffs alleged that Lanoux and Insight Diagnostic were negligent for failing to tell anyone about the mass immediately. They claimed that early in the morning of Oct. 12, 2001, Lanoux read the MRI, saw the mass, and ordered additional studies, but did not prepare a report or inform Burt or Cowan of the MRI results or that additional studies were needed. Lanoux went home early that Friday, and no one at Insight called any of the four working phone numbers on Burt's patient information sheet, the plaintiffs alleged; although Insight did call a number on his "patient referral form," it was a wrong number. Lanoux and Insight contended that it was reasonable not to treat the mass as an emergency on Oct. 12. On the morning of Oct. 13, Burt awoke in severe pain and went to the emergency room of Harris Methodist, where Bowman was an emergency room doctor. Allen was the radiologist on duty at Insight that day. Bowman testified that he had hospital personnel contact Insight to request Burt's MRI results and was told that Burt had a bulging disc; based on this, he discharged Burt. Insight and Allen disputed Bowman's testimony. Allen testified that, when the hospital called, she interpreted the MRI herself, hand-wrote a preliminary report identifying the 3-inch mass, and had Insight's staff fax the report to Bowman. However, the report was never found, and Bowman and the hospital denied receiving it. The plaintiffs alleged that, if Allen or Insight did fax the report, then either Bowman, the hospital or both were negligent for losing it and sending Burt home. But if Allen did not fax such a report, or if Allen reported to Bowman that Burt had a bulging disc, then Allen and Insight were negligent, the plaintiffs argued. Burt alleged that, on Sunday morning, Oct. 14, he was unable to move his legs. The plaintiffs nonsuited Cowan after taking his deposition. Injury: Burt had a spinal epidural abscess. It was removed, but not before it had caused partial paraplegia, bowel and bladder incontinence and impotence, all of which are permanent. He can move and feel only certain parts of his legs. He went through two courses of rehabilitation, and his home was modified to accommodate his disability. He uses a walker. Mark Burt died shortly after surgery. His wife and son claimed loss of consortium. Negligent Positioning of Arms During Surgery Caused RSD Client Recovered: $390,000 Case: Mark Curtis Rougeux v. Juan Capello, M.D., Mid-Cities Orthopedic & Sports Medicine Clinic, P.A., Baylor Medical Center at Grapevine, Victor Ruffin, Pinnacle Anesthesia Consultants, P.A., Peter Gootos, M.D., and Scott Reed, M.D., Venue: Tarrant County District Court, 153rd, TX Judge: Ken C. Curry Plaintiffs Attorneys: Date: 4-12-2004 On July 19, 2001, plaintiff Mark Curtis Rougeux, 40, underwent back surgery at Baylor Medical Center in Grapevine, Texas. During the nine-hour surgery, Rougeux's arms were hyperextended for an inordinate amount of time and complications developed. Rougeux suffered permanent disability and disfigurement of his right hand. Rougeux sued the surgeon, Juan Capello; the practice with which he was affiliated, Mid-Cities Orthopedic & Sports Medicine Clinic, P.A.; Baylor Medical Center at Grapevine; the surgical technician, Victor Ruffin, anesthesiologists Peter Gootos, M.D., and Scott Reed, M.D., and the practice with which they were affiliated, Pinnacle Anesthesia Consultants; and alleging that they were negligent to position Rougeux's arm beyond 90 degrees for several hours. In addition, the plaintiff alleged that, once the injury was known, Capello and/or Reed, the post-operative anesthesiologist, should have brought in a neurologist instead of trying to take care of the problem themselves. Capello responded that, after surgery begins, it is the anesthesiologist's responsibility to maintain proper positioning of arms because the surgeon's vision is blocked by surgical drapes. Gootos contended that when the surgeon needed more room to operate, Gootos would reposition the arms so they would be at greater than a 90-degree angle. This was necessary, not negligent, he contended. The jury found that Dr. Juan Copello was not negligent, that Dr. Peter Gootos was negligent, and that his negligence was the proximate cause of Mr. Rougeux’s damages. Injuries/Damages: hand and nerve damage. Rougeux sustained a stretch injury that damaged the brachial plexus nerve in his right shoulder and arm, resulting in a "claw hand,' with three fingers clawed on his right hand. He suffered from an irreversible sympathetic nerve trauma diagnosed as complex regional pain syndrome (CRPS; formerly known as RSD, for reflex sympathetic dystrophy). The pain, he explained, "is like hundreds of yellow jackets stinging my arm constantly, and, from time to time, without warning, a shooting pain like a jolt of electricity will rip through my arm and into my hand, causing it to seize up." The Social Security Administration declared him 100 percent disabled. He is unemployable and unable to support himself or his three children. He moved back in with his elderly parents, who have spent their life savings trying to care for and support their son over the last three years. CRPS is a debilitating condition marked by never-ending pain, swelling, contractions, and skin and muscle atrophy in the affected limb. Injured nerves constantly send pain messages, which become so encoded that, even if the injured nerve is removed or the limb is amputated, the brain continues to react as if the pain is still there. Narcotics and other pain medications are ineffective to stop or reduce the level of pain, and the condition is aggravated by any physical exertion such as walking, driving, or even standing for more than an hour. RESULTS OBTAINED DEPEND ON FACTS OF EACH CASE Located in Fort Worth, the personal injury lawyers of The Law Offices of Randall D. Moore represent clients throughout North Texas, including the cities of Cleburne, Denton, Weatherford, Arlington, Stephenville, and residents of Parker County, Johnson County, Wise County, Dallas County, and Tarrant County. |
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