Agreed take nothing judgment entered in med-mal against Beaumont Bone

David Yates Mar. 20, 2013, 10:43am

An agreed take nothing judgment has been entered in a medical malpractice complaint. 

Last February, 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.

Court records show that on Jan. 17 an agreed take nothing judgment was entered, stating that the plaintiff no longer wished to pursue the action.

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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