Child will require nursing care due to hospital error, suit says

By David Yates | May 10, 2007

A misdiagnosis and treatment of a minor at St. Elizabeth Christus Hospital has led the patient's parents to file a medical-malpractice lawsuit against the hospital and its subsidiaries.

L.C. Berry, Jr. and Tanya Booker, individually and as next friends of Cassius Leandris Berry, filed their petition with the Jefferson County District Court on May 9. Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

The suit says on Jan. 12, 2007, Berry was under the care of the defendants. "During the course of such care and treatment," hospital personnel failed to properly diagnosis and treat Berry.

The suit does not explain Berry's condition or how the minor was misdiagnosed. The suit only claims negligence on the hospital's part.

"As a result of the occurrence, Berry sustained significant and permanent injuries," the suit said. "He will require nursing care, custodial care, therapy, medical care and hospital care...for the rest of his life."

The plaintiffs are suing for physical pain, disfigurement, mental anguish, medical costs, loss of earning capacity, loss of parent/child relationship and loss of services in "every day affairs," the suit said.

"In view of all matters alleged herein, the sum of money, if paid now in cash, that would fairly and reasonably compensate the plaintiffs is a sum of money in excess of the minimum jurisdictional limit of this court," the suit said.

The plaintiffs request a trial by jury and are represented by the Mithoff Law Firm.

Case No. D179-279

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