Rule 11 agreement filed in suit over woman’s paralysis

By David Yates | Nov 28, 2012

A Rule 11 agreement concerning a tentative settlement has been filed in a suit claiming back surgery left a Hardin County woman paralyzed.

As previously reported, Barbara Fillingim filed suit against Pine Arbor, Dr. Adnan Jafri and Memorial Herman Baptist Beaumont Hospital on July 6, 2011, in Jefferson County District Court.

Court records show the Rule 11 agreement was filed on Nov. 9 and seeks to confirm a settlement agreement between the parties.

On April 11 a discovery control plan order was entered, calling for the case to be mediated on or before Aug. 20 or face a September trial.

On Aug. 1 Dr. Jafri filed an answer to the suit and motion to transfer venue, denying Fillingim’s allegations and requesting the suit be transferred to Montgomery County, court records show.

Three months later, Judge Bob Wortham, 58th District Court, denied the motion on Dec. 7, ruling that a substantial amount of Fillingim’s treatment occurred in Jefferson County and transferring the case would only make matters easier on Dr. Jafri.

According to the lawsuit, Fillingim was admitted to Baptist Hospital with thoracic spine compression fractures on May 3, 2009, and discharged 13 days later.

From May 14, 2009, until Aug. 25, 2009, Fillingim received nursing home care from Pine Arbor.

In her suit, Fillingim alleges that the defendants’ treatments caused her paralysis and permanent physical and mental disabilities.

She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Kenneth Lewis of Bush Lewis represents her.

Houston attorney Marion Kruse Jr. represents Dr. Jafri.

Case No. A190-448

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