Med-mal over gangrenous toe granted preferential trial setting

A medical-malpractice claim over a man’s gangrenous toe that required above the knee amputation was given a preferential trail setting for April.

William Riley filed a medical malpractice suit against Podiatry Associates of Southeast Texas and Drs. Debra Lusk and Neil Burrell on Feb. 3, 2011, in Jefferson County District Court. Riley claims the gangrene in his toe was not treated in time, making a below-the-knee amputation necessary.

Court records show that on Sept. 10 the parties filed an agreed motion for preferential trial setting, stating that both parties have experts that reside outside of Jefferson County and a preferential trial setting would help accommodate scheduling.

Judge Donald Floyd, 172nd District Court, granted the motion on Sept. 17, setting the trial for April 1, 2013.

According to the lawsuit, on May 12, 2009, Riley was treated by Dr. Lusk, who noted soreness in his second toe and early gangrene. Although Riley suffered from diabetes, renal disease and peripheral vascular disease, “little to no care was provided at that time.”

On May 21, 2009, Dr. Lusk amputated Riley’s toe. A week later, an infection had set in and Riley was forced to undergo a below-the-knee amputation, the suit states.

Riley is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Beaumont attorney Craig Lewis represents him.

Houston attorney Deanna Lovett of Ryan & Dawson represents the defendants.

Case No. E189-308