David Yates Oct. 1, 2012, 4:07pm

A Rule 11 agreement and subsequent letter has been in a medical malpractice complaint, showing that the defendants opted to settle for $15,000.

In February, Beaumont resident Jacqueline Freeman filed suit against Beaumont Bone & Joint Institute and Dr. Shawn Figari, alleging the surgeon began to operate on the wrong knee.

Four months later, the defendants filed a motion to dismiss on June 26, asserting Freeman had failed to present an expert report to substantiate her claims – a requirement under the Texas Civil Code.

However, rather than continue to battle the case, the defendants opted to settle for $15,000, according to a Sept. 17 letter signed by the defendants’ attorney, John Scott of Shepherd, Scott, Clawater & Houston, court records show.

The following day, a Rule 11 agreement was entered in the case.

The suit alleges that Freeman sought treatment from Beaumont Bone & Joint for an anterior horn lateral meniscal tear on her right knee.

On Sept. 30, 2010, Dr. Figari allegedly made three portal incisions on the left knee and introduced a scope.

The suit alleges operative measures were taken on the wrong knee, causing her an unspecified injury.

In her suit, Freeman claims the procedure caused her needless anxiety, pain and impairment.

Beaumont attorney Audwin Samuel represents her.

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

Case No. A191-888

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