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SOUTHEAST TEXAS RECORD

Tuesday, April 23, 2024

Med-mal trial on the table for Thanksgiving week

Cooksey curry 129x150

This Thanksgiving week, defendant medical providers will be forced to defend themselves against the accusations of Justin Brewer, who alleges his leg amputation was totally preventable.

As previously reported, Brewer’s suit was filed Aug. 27, 2010, in Jefferson County District Court and named Christus Hospital St. Elizabeth, Beaumont Bone & Joint and Drs. Curtis Thorpe, Michael Stafford and Charles Wilson as defendants.

The case is set for trial Nov. 19 and will last approximately three weeks, according to a courthouse official.

The original petition alleges that Brewer, while working as a Salvation Army employee, fell and injured his left leg on Aug. 8, 2008. He was taken to Christus St. Elizabeth and examined by Dr. Wilson.

Five days later, Dr. Thorpe ordered an MRI performed and told him it would be five days before he obtained the results.

“On the same day (Aug. 13, 2008) plaintiff began to notice that the bottom of his left foot was black in addition to him experiencing immense pain,” the suit states, adding that Brewer’s mother called Dr. Thorpe numerous times out of concern but the doctor told her it “was normal and consistent with a sprained knee.”

The next day, paramedics returned him to the hospital. Brewer was discharged and “told to rest and ice his knee and keep it elevated,” court papers say.

Court records show that five days later, he visited Dr. Thorpe’s office and diagnosed with a torn anterior cruciate ligament.

“Ironically, Defendant Thorpe criticized plaintiff’s mother for not bringing him to see him earlier, despite the numerous calls … and emergency room visits,” the suit states, adding that Dr. Thorpe informed him two days later that gangrene had set and surgery was required on the foot.

On Sept. 8, 2008, Brewer’s left leg was amputated above the knee, court papers say.

He accuses the all the defendants of failing to properly diagnosis and treat his knee. He alleges the amputation was preventable and due to delayed treatment.

Brewer is suing for past and future medical expenses, disfigurement, impairment, lost wages and mental anguish.

Woodland attorney Curry Cooksey represents Christus.

Judge Gary Sanderson, 60th District Court, is presiding over the case.

Case No. B187-788

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