The wife and daughter of a deceased man who sued Dr. Vincent P. Murphy, Christus Hospital St. Elizabeth and Southeast Texas Medical Associates recently filed a motion for sanctions against Christus.

As the Southeast Texas Record previously reported, Patricia Gordy and Tammy Edelmon filed their suit Jan. 26, 2010, in Jefferson County District Court on behalf of Kirk Gordy.

The suit states Dr. Murphy admitted Kirk Gordy to St. Elizabeth on Nov. 13, 2007, after diagnosing him with pneumonia.

At the time, Kirk Gordy also suffered from chronic obstructive pulmonary disease. A week later, on Nov. 21, 2007, Kirk Gordy sustained a serious fall while returning from the restroom, fracturing his left tibia and fibula, which required surgery.

Court papers show Kirk Gordy died On Nov. 28, 2007.

On Nov. 13 the plaintiffs filed a motion for sanctions against Christus, stating that the hospital failed to handover all the medical records sought.

“Because plaintiffs have undertaken expensive discovery proceedings in the absence of critical information that defendant was required to produce no later than May 5, 2009, a monetary sanction of $25,752.57 is appropriate,” the motion states.

“This is the amount of expenses incurred with witnesses in which questions regarding Medication Administration records would have been appropriate to properly develop plaintiffs’ case.”

A hearing on the matter has been slated for Dec. 10.

In their suit, the plaintiffs blame employees at the hospital for causing Kirk Gordy’s fall, saying they failed to assess and supervise him and failed to implement proper procedures for fall prevention.

They also allege Kirk Gordy died because of contraindicated medications administered to him by doctors at the hospital.

According to the complaint, the plaintiffs name Southeast Texas Medical Associates as a defendant in the complaint because Dr. Murphy worked for the company at the time of Kirk Gordy’s fall and death.

Sandee L. Hart of Orange represents the plaintiffs.

Christus is represented by Beaumont attorney Erin Lunceford of the Sprott, Rigby, Newsom, Robbins & Lunceford law firm.

Dr. Murphy is represented by Houston attorney T. Marc Calvert of Calvert & Associates.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A185-789

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