HOUSTON — A relative is suing a number of medical providers, alleging a child died due to the defendants' negligence.
Dale Sherry individually and as heir of Cody Sherry, deceased, filed a complaint Aug. 23 in Harris County District Court against CHI St. Luke's The Woodlands Hospital, CHI St. Luke's Health Network LLC, CHI St. Luke's Health Network LLC, doing business as CHI St. Luke's The Woodlands Hospital, Baylor CHI St. Luke's Health Services, doing business as CHI St. Luke's The Woodlands Hospital, Dr. Jacob Towns, Dr. Michael Ott, Brittaney Anderson, Dr. James Leoni Jr., Johonna Mylius, Texas Children's Hospital, doing business, as Texas Children's Hospital of Houston and Texas Children's Hospital of Houston, alleging gross negligence, breach of standards of care and breach of medical care.
According to the complaint, Cody Sherry, was evaluated at the Next Level Urgent Care Conroe on July 30, 2018 for emesis and cramping. The clinic allegedly performed a series of tests of the emesis, which was negative and Sherry to the CHI St. Luke's Woodlands Hospital emergency department.
The suit says his blood pressure when admitted was 126/93 and a pulse of 104. His medical history allegedly was listed as ADHD with no other diagnosis. Yet the defendants, the suit alleges, found that there were proteins in Sherry's urine and ketones and he had an elevated white blood cell count.
The lawsuit states the plaintiff was given treatment through an IV and orally and was discharged that afternoon. The plaintiff was told to return if Cody's vomit was bright red or looked like coffee grounds. The complaint states the plaintiff returned to the defendants Aug. 2, 2018, due to an inability to eat and constant vomiting. He was examined, the suit states, and transferred to Texas Children's Hospital via ambulance.
The defendant allegedly failed to mentioned that there was nausea and vomiting and stated that Sherry was normal with no distress, despite having clear signs of distress, including an elevated blood pressure. Ultimately, the suit states, Sherry was discharged but on Aug. 4, 2018 he was found unresponsive and was pronounced dead at 12:10 p.m. that day.
The suit alleges the defendants, including Drs. Towns and Ott and St. Luke's Woodlands Hospital, were negligent in their care and assessment of Cody Sherry, which resulted in his death.
Dale Sherry seeks more than $1 million, all just relief, attorney fees, court costs and interest. He is represented by Alton C. Todd of The Law Firm of Alton C. Todd PC in Friendswood.
Harris County District Court case number 2019-59251