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 has failed to present an expert report to substantiate her claims – a requirement under the Texas Civil Code.
The motion states that more than 120 days -- the time allotted to file a report -- have elapsed since Freeman filed her suit on Feb. 8 in Jefferson County District Court.
The defendants are asking the court to dismiss the case and award them attorney's fees.
Court records show Freeman filed a response on July 13, asking the court to extend the deadline.
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.
She maintains the defendants' negligence entitles her to exemplary damages.
Beaumont attorney Audwin Samuel represents her.
Houston attorney John Scott of Shepherd, Scott, Clawater & Houston represent the defendants.
Judge Bob Wortham, 58th District Court, is assigned to the case.
Case No. A191-888