Judge rejects motion to transfer suit over woman's paralysis

David Yates Jan. 9, 2012, 7:16am

A Montgomery County physician had his motion to transfer venue shot down recently, keeping a suit claiming back surgery left a Hardin County woman paralyzed in Jefferson County.

As previously reported, Barbara Fillingim filed suit against Pine Arbor, Dr. Adnan Jafri and Memorial Herman Baptist Beaumont Hospital on July 6 in Jefferson County District Court.

On Aug. 1 Dr. Jafri filed an answer to the suit and motion to transfer venue, denying Fillingim's allegations and requesting the suit be transferred to Montgomery County, court records show.

Three months later, Judge Bob Wortham, 58th District Court, denied the motion on Dec. 7, ruling that a substantial amount of Fillingim's treatment occurred in Jefferson County and transferring the case would only make matters easier on Dr. Jafri.

"Transfer of the case ... would be convenient only to Dr. Jafri and would be such a physical burden on plaintiff in her current physical condition that plaintiff would probably be unable to attend the trial of her own case were it held in Montgomery County," the order states.

According to the lawsuit, Fillingim was admitted to Baptist with thoracic spine compression fractures on May 3, 2009, and discharged 13 days later.

From May 14, 2009, until Aug. 25, 2009, Fillingim received nursing home care from Pine Arbor.

In her suit, Fillingim alleges that the defendants' treatments caused her paralysis and permanent physical and mental disabilities.

She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Kenneth Lewis of Bush Lewis represents her.

Houston attorney Marion Kruse Jr. represents Dr. Jafri.

Case No. A190-448

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