Christus seeks summary judgment in med-mal

David Yates Apr. 30, 2012, 7:12am

Christus Hospital St. Elizabeth recently filed a motion for summary judgment in a medical malpractice lawsuit.

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, 2011, in Jefferson County District Court, alleging medical staff allowed Lanford, a patient with sepsis, to die.

A year later, Christus filed a motion for summary judgment on April 23, asserting that the plaintiffs have not designated any experts as required by Chapter 74 of the Texas Civil Code.

Because the plaintiffs lack the requisite expert testimony to prove their claim, Christus and its nurses should be granted summary judgment, the motion states.

Court records show that on Nov. 23, 2009, 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 Edward Kroger of Kroger Burrus represents Christus.

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

Case No. A189-799

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