Continuance granted in med-mal over septic patient's death

By David Yates | Jun 21, 2012

A motion for continuance was recently granted in a medical malpractice lawsuit over a septic patient's death.

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, on April 11 Vanwinkle filed a motion for entry of revised docket control order, requesting that the court continue the cause because the litigation is apparently not ready for trial, court papers say.

On May 24 Judge Bob Wortham, 58th District Court, granted the motion, slating the case for a March 2013 trial.

Court records also show 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.

The suit states 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.

Case No. A189-799

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