Continuance granted in suit against Texas City assisted living center

John Suayan, Galveston Bureau Apr. 9, 2012, 10:21am

GALVESTON � Stating they need more time complete the discovery process, the parties in a lawsuit arising from a patient's 2010 death at a Texas City assisted living facility have submitted an agreed motion for continuance and to amend docket control order, recent court documents say.

Plaintiffs Peter Murphy and James Joseph Murphy III and defendants Heartstone Management Inc., Texas City Assisted Living Ltd., IPH Health Care Services Inc. and Dr. Folasade M. Ojo state that "written discovery has been exchanged, medical records are being requested and obtained and the need for expert witnesses is being evaluated," but the designation of expert witnesses and depositions require a change in the trial setting, the four-page motion filed March 20 in Galveston County Court at Law No. 2 says.

The Murphys bring forth the suit in response to the death of Christopher Murphy while under the defendants' care at Heartstone at Texas City on Sept. 3, 2010.

According to the original petition filed May 25, 2011, the respondents failed to provide the decedent adequate care and treatment for his wounds which he allegedly sustained from a fall just three weeks after the day he was admitted.

Doctors at the nearby Mainland Medical Center diagnosed the elder Murphy with "infected wounds to the buttocks, feet and legs" and "acute renal failure."

An autopsy revealed cause of death to be sepsis from pseudo membranous colitis, severe sacral decubitus ulcer and urinary tract infection.

The motion seeks to move the current trial setting from Aug. 13, 2012, to February 2013 and get permission to enter an amended docket control order based on the new trial date, setting deadlines for the completion of discovery, designation of expert witnesses and mediation.

The defendants' counsel "are in agreement with this motion," it says.

Cause No. 65,349

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