SE Texas Record

Friday, November 15, 2019

RMQ client awarded $50K for mental anguish following med-mal trial, no other damages awarded

Attorneys & Judges

By David Yates | Sep 30, 2019

Werner
Werner

BEAUMONT – A lawsuit brought over a post-surgical infection was recently called up for trial and ended with a jury awarding the plaintiff $50,000 for his mental anguish.

Through the Reaud Morgan & Quinn law firm, Stanley Morris filed suit against Dr. Kristine Banks Dahl on Dec. 19, 2014, in Jefferson County District Court, seeking up to $1 million in damages.

According to the original petition, on Dec. 26, 2012, Morris underwent a uni-compartment knee prosthesis with a Zimmer component. Afterward, an infection occurred in the area where the operation had been done.

Morris was under the care of Banks.

“Due to the improper management of the infection, Plaintiff was ultimately required to have the knee prosthesis removed,” the suit states. “It was replaced with a spacer for some time and then a second prosthesis.”

The case was called up for trial in early September and lasted for two weeks.

Jurors found that the negligence of Banks did cause the occurrence in question, according to the charge of the court, filed on Sept. 16.

The jury awarded Morris $50,000 for his past mental anguish. However, no damages were awarded for his past loss of earning capacity and disfigurement, nor were any damages awarded for Morris’ alleged future loss of earning capacity, mental anguish and disfigurement.

On Sept. 20, Banks and Permian Premier Health Services filed a motion to disregard, asserting that there is no evidence to support the causation element of the Banks negligence question.

The motion states that the plaintiff’s experts testified that Banks failed to perform a salvage procedure that resulted in revision into a total knee prosthesis, but no witness testified that the continued symptoms were caused by the revision or anything done by Banks.

Banks is represented by Curry Cooksey, attorney for the Cooksey, Marcin & Huston law firm in The Woodlands.

Morris is represented by RMQ attorney John Werner.

Judge Justin Sanderson, 60th District Court, presided over the case.

Case No. B-196529

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Jefferson County District CourtREAUD & MORGAN

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