Expert report filed in botched tubal ligation case

David Yates Nov. 11, 2010, 4:00am

Plaintiff Rekenya Allen, who sued a physician and hospital claiming she became pregnant because of a botched tubal ligation, recently filed an expert report to substantiate her lawsuit.

Allen filed a complaint against Dr. William N. Hawkins and Memorial Hermann Baptist Beaumont Hospital on June 15 in Jefferson County District Court.

In her suit, Allen claims Hawkins performed a tubal ligation on her at Memorial Hermann Baptist Beaumont Hospital on April 4, 2008. The procedure involves cutting, tieing or blocking a woman's fallopian tubes and is supposed to prevent pregnancy.

As the Southeast Texas Record previously reported, Allen claims the procedure did not work and she got pregnant.

On Oct. 12 she filed an expert report of Dr. Alan Moore, as required by the Texas Civil Code when pursuing a medical-malpractice claim.

In his report, Moore writes Hawkins breached the standard of care by failing "to perform a classic pomerory tubal ligation on the left side which is the only procedure the patient consented to."

Court records show Allen already had three children under the age of seven before becoming pregnant with a fourth.

As a result, Allen claims to have suffered severe physical impairment and disfigurement, endured a deterioration of her physical and mental condition, incurred medical costs and suffered an impaired ability to earn income.

She is also suing for exemplary damages.

Brian D. Sutton, Joseph N. Jannise Jr. and Stephanie H. Harris of Sutton and Jacobs in Beaumont are representing Allen.

Judge Milton Shuffield, 136th District Court, is presiding over the case.

Case No. D187-083

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