Southern Home Health has motion to dismiss granted, awarded $14K in attorney’s fees

By David Yates | May 22, 2013

In July 2012, Port Arthur local Joe Davis sued Southern Home Health LHC Group, alleging the negligent care of a homecare professional forced him into adult diapers.

On March 20 the company had it’s motion to dismiss granted and was awarded $14,736.35 in attorney’s fees, court records show.

SHH filed a motion to dismiss on March 4, objecting to the plaintiff’s Chapter 74 expert report.

The objections found the report deficient.

The lawsuit alleges that on July 19, 2010, Davis was at home recovering from an anterior cervical spine fusion and receiving care from an SHH employee. The employee allegedly performed multiple false passages while placing a catheter, causing a urethral laceration.

As a result, Davis began to bleed out. His wife rushed him to the hospital, where he underwent cystoscopy, clot evacuation and bilateral pyelograms.

“Mr. Davis now has problems holding urine for which he is forced to wear adult diapers,” the suit states.

Southern Home Health is accused of falling below the standard of care.

On top of exemplary damages, Davis is suing for his alleged past and future medical expenses, mental anguish, pain and impairment, plus all court costs.

Tyler attorney Cheryl Wulf represents him.

Houston attorney Gregory Myers of Myers Doyle represents Southern Home Health.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E192-687

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