SE Texas Record

Tuesday, July 23, 2019

Beaumont doc not negligent for not ordering physical therapy, jury finds

By David Yates | Nov 20, 2015

A plaintiff failed to persuade a Jefferson County jury her surgeon was negligent for not prescribing physical therapy following knee surgery.

Hardin County resident Susan Spears filed suit against Dr. Gene Isabell Jr. and Beaumont Bone & Joint Institute on March 7, 2013, in Jefferson County District Court.

Jury selection in the case began Nov. 16 in Judge Gary Sanderson’s 60th District Court.

Three days later, a verdict of no negligence was returned, according to the charge of the court.

According to the original petition, on May 11, 2012, Isabell performed surgery on Spears’ right knee, repairing a torn lateral and medial meniscus.

For months following the procedure, Spears continued to have pain and mobility problems, prompting her to seek treatment from another orthopedic practice. A second surgery was performed in February 2013.

“Because of Dr. Isabell’s failure to order physical therapy immediately following Spears’ first surgery, she has suffered and continues to suffer with unnecessary and preventable pain in her right knee, limited motion, and limited ability to stand and walk,” the suit states.

When filing her suit, Spears included the expert opinion of Dr. Frank Barnes, who maintains Isabell was negligent in his follow up care.

In her suit, Spears further alleges Isabell was grossly negligent for not ordering physical therapy, entitling her to recover punitive damages.

Jurors declined to award her damages for pain, mental anguish, medical expenses and impairment.

Spears is represented by attorney Angela Spears of Rosen & Spears in Houston.

The defendants are represented by Joel Sprott, attorney for the Houston law firm Sprott Rigby Newsom Lunceford.

Case No. B-195577

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