Plaintiff non-suits himself from med-mal complaint

David Yates Nov. 2, 2011, 10:12am

One of the plaintiffs in a medical malpractice claim has voluntarily non-suited himself, parting ways with several members of his family still locked in the litigation.

As previously reported, Hope Adkins, representing the estate of Brandon Adkins, filed suit against Baptist Hospital and treating physician Dr. Nathaniel Alford on Aug. 5, 2010, in Jefferson County District Court.

Several other members of the Adkins family were named as plaintiffs in the suit.

According to the suit, Brandon Adkins sought treatment for his streptococcal infection and necrotizing fasciitis on April 24, 2009. He died from toxic shock one day after being admitted to Memorial Hermann Baptist Beaumont Hospital.

On Aug. 30 plaintiff Joseph Adkins filed a motion for voluntary non-suit, stating that he does not have standing to assert a claim.

Joseph was the representing the estate of Johnnie Adkins, Brandon's mother, who died in April, the motion states.

Judge Bob Wortham, 58th District Court, granted the motion on Aug. 31, court papers say.

The remaining plaintiffs allege the defendants delayed their treatment of Brandon.

"Defendants were proximate causes of the defeat of ... Adkins," the suit states, adding that the defendants negligently delayed treatment and failed to consult an infectious disease specialist.

Adkins' family is suing for survival damages and loss of inheritance.

Jasper attorney Blair Bisbey of the Seale, Stover & Bisbey law firm, represents the plaintiffs.

Case No. A187-481

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