Doc accused of causing hearing loss seeks to compel discovery

A physician defendant is seeking to compel discovery in a medical malpractice suit brought by a Port Neches man, who claims he suffered nearly complete hearing loss in his left ear after the doctor ruptured his eardrum when he was a small child.

As previously reported, Dustin Scott Lasiter Kendrick filed a lawsuit Sept. 21 in Jefferson County District Court against Dr. William Jerome Reed.

Court records show that on Feb. 18 Reed filed a motion to compel discovery, asserting Kendrick has not made good on his promises to fully comply with all discovery requests.

“Plaintiff has failed to answer defendant’s discovery requests as required by the Texas Rules of Civil Procedure,” the motion states. “Plaintiff should be compelled to fully answer.”

Kendrick alleges Reed treated him in 1996 when he was 3 years old. During a routine check-up, Reed checked Kendrick’s ears and removed wax buildup from his right ear, according to the complaint. Reed then proceeded to check Kendrick’s left ear and attempted to remove earwax with a long, white instrument, the suit states.

“Dustin immediately began to scream and cry, and Reed stated that the ‘tube’ had not fallen out, and he had accidentally dislodged it,” the complaint says.

“The ear was bleeding profusely and despite Dr. Reed’s assurances that all was well, Dustin suffered recurrent infections and pain, over the next two years, until he was finally referred to a specialist by Reed in 1998, who diagnosed the torn eardrum and referred Dustin to another specialist for surgery.”

Although Kendrick underwent two surgeries, one in 1999 and another in 2005, he claims he suffers 90 percent hearing loss in his left ear and 30 percent in his right ear.

In his suit, Kendrick blames Reed for contributing to his hearing loss, saying the doctor negligently failed to properly remove the earwax and failed to properly diagnose and treat the ruptured eardrum.

In addition to his hearing loss, Kendrick claims he incurred medical costs; experienced physical pain, suffering, mental anguish, physical pain and physical impairment; and lost earnings because of Reed’s treatment.

Andrew P. Gertz and Ryan W. Gertz of Gertz Adair Law Firm in Beaumont represent Kendrick.

Dr. Reed is represented by attorney Joel Sprott of the Houston law firm Sprott Rigby Newsom Robbins & Lunceford.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A193-201