Expert designation deadline extended in med-mal over septic patient’s death

A motion for a new docket control order was recently granted in a medical malpractice lawsuit over a septic patient’s death, giving the defendant more time to obtain the depositions of the plaintiffs. 

As previously reported, Cindy Vanwinkle, representing the estate of Dusty Lanford, filed the suit against Christus Hospital St. Elizabeth and Dr. Samara Moore on April 15, 2011, in Jefferson County District Court, alleging medical staff allowed Lanford, a patient with sepsis, to die.

Christus filed the motion for new docket control order on Dec. 5, stating that the plaintiffs’ counsel had failed to provide depositions for the plaintiffs.

In its motion, Christus argued that it needed the depositions because Lanford gave conflicting information regarding his medical history and the plaintiffs’ testimony is necessary in order to ascertain an accurate medical history.

Judge Bob Wortham, 58th District Court, granted the motion on Dec. 11, extending the defendants’ expert designation deadline to Jan. 28, court records show.

Previously, on April 11 Vanwinkle filed a motion for entry of revised docket control order, requesting that the court continue the cause because the litigation is apparently not ready for trial, court papers say.

On May 24 Judge Wortham granted the motion, slating the case for a March 2013 trial.

Court records also show Christus filed a motion for summary judgment on April 23, asserting that the plaintiffs have not designated any experts as required by Chapter 74 of the Texas Civil Code.

The suit states that on Nov. 23, 2009, Lanford, 21 at the time of the incident, was admitted to St. Elizabeth with complaints of abdominal pain, nausea, dizziness and vomiting.

“However, due to defendants’ negligence, Lanford was left untreated … and suffered an untimely death on Nov. 24, 2009,” the suit states.

The suit alleges the defendants fell below the standard of care in their treatment and failed to provide the patient with the appropriate treatment.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents the plaintiffs.

Houston attorney Edward Kroger of Kroger Burrus represents Christus.

Case No. A189-799