$238K agreed judgment reached in suit over septic patient's death

David Yates Jul. 25, 2011, 4:34am

A physician has reached an agreed judgment with a minor plaintiff in a medical malpractice claim, agreeing to settle the case for more than $238,000.

As previously reported, Cindy Vanwinkle, representing the estate of Dusty Lanford, filed the suit against Christus Hospital St. Elizabeth and Dr. Samara Moore on April 15 in Jefferson County District Court, alleging medical staff allowed a patient with sepsis to die.

The parties filed an agreed partial judgment on July 18, with Dr. Moore agreeing to pay Klayton Lanford, a minor plaintiff, $238,245 in three lump sum payments.

The agreement also states that Dr. Moore will pay $4,417.31 in guardian ad litem fees.

Court records show that on Nov. 23, 2009, Dusty Lanford, 21 at the time of the incident, was admitted to St. Elizabeth with complaints of abdominal pain, nausea, dizziness and vomiting.

"However, due to defendants' negligence, Lanford was left untreated ... and suffered an untimely death on Nov. 24, 2009," the suit states.

The suit alleges the defendants fell below the standard of care in their treatment and failed to provide the patient with the appropriate treatment.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents the plaintiffs.

Houston attorney Frank Doyle represents Moore.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A189-799

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