BEAUMONT - Last June, a Jefferson County jury cleared the Medical Center of Southeast Texas of any negligence following a medical malpractice trial.
On Nov. 16, the Ninth Court of Appeals concluded the evidence in the case authorized the jury’s decision and affirmed the trial court’s rendering of a take-nothing judgment in favor of the Medical Center.
Alleging his sciatic nerve was injured during an injection, Lonnie Rodgers Sr. filed suit against the Medical Center and nurse Dennis Griffiths on Dec. 21, 2012 in Jefferson County District Court.
According to the lawsuit, on Oct. 29, 2010, Rodgers went to the medical center’s emergency room, where Griffiths injected his right hip with Demerol and Zofran.
“Unfortunately, Griffiths failed to exercise ordinary care and failed to follow the standard of care in injecting the medications and injected one or more nerves, causing immediate pain and continuing disability,” the original petition states, adding the defendant should have known he was injecting at a site where there is an increased risk of injuring the sciatic nerve.
Griffiths was employed be the Medical Center at the time of the incident.
At trial, jurors were asked if the Medical Center’s negligence caused Rodger’s injury, to which they answered “No,” according to the charge of the court.
“Having carefully reviewed the evidence that was before the jury in Rodgers’ trial, we conclude that the jury’s determination that the nurse was not negligent and did not cause Rodgers’ alleged sciatic nerve injury was reasonable given the evidence presented to it during the trial,” states the Ninth Court’s opinion.
Rodgers was seeking damages for his alleged past and future medical expenses, mental anguish, pain and lost wages.
Houston attorney Craig Lewis represents him.
The Medical Center is represented by attorney Curry Cooksey.
Appeals case No. 09-16-00276-CV
Trial case No. B193-734