SE Texas Record

Friday, November 15, 2019

RMQ secures final judgment of $200K following trial of JC med-mal suit

Attorneys & Judges

By David Yates | Oct 28, 2019

Medical malpractice 04

BEAUMONT – The Reaud Morgan & Quinn recently secured a final judgment of nearly $200,000 for their client, who sued over a post-surgical infection.

Through RMQ, 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.

Morris underwent a uni-compartment knee prosthesis with a Zimmer component on Dec. 26, 2012. Afterward, an infection occurred in the area where the operation had been done. Morris was under the care of Banks.

RMQ attorney John Werner

The suit alleged that due to the improper management of the infection, Morris was ultimately required to have the knee prosthesis removed. 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.

“Doctors and hospitals make mistakes, but most people are happy with their doctors and are reluctant to find a doctor at fault,” said John Werner, one of the RMQ attorneys representing Morris. “Proving the case requires solid expert testimony and experienced and skilled lawyers. Any jury verdict of negligence against a medical doctor is a great accomplishment.”

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.

The trial court overruled the post-trial motions and on Oct. 16 entered a judgment for $199,791.94, plus post-judgment interest.

Taylor Miller, lead counsel for Morris, described him as a hard-working Southeast Texan until his doctor’s mistakes changed his life permanently and for the worse.

“Mr. Morris suffered both physically and mentally because of this,” Miller said. “He will never be the same happy-go-lucky man he was before the surgery.”

Medical-malpractice cases in Texas can be so difficult that only a few law firms consider taking them anymore.

“Yet Beaumont’s Reaud, Morgan, & Quinn continues to accept the challenge when asked to do so,” the firm said in a statement.

In addition to med-mal cases, RMQ has represented plaintiffs in personal injury cases, contract dispute cases, and products-liability cases for more than 30 years, distinguishing itself as a go-to firm, the statement reads.

Managing partner, Glen W. Morgan, a member of the top 1 percent of the attorneys in the U.S., recently won a jury verdict in excess of $246,000,000 for a breach of contract suit involving a local contractor and an international corporation.

Additionally, Miller recently secured a settlement of over $1,000,000 dollars for a client who was severely injured in an automobile collision.

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

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

Case No. B-196529

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Organizations in this Story

Jefferson County District CourtREAUD; MORGAN; QUINN; LLP

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