The family of a blind man who suffered a blow to the head at a dialysis center is suing the center for negligence after the man fell while he was at their facility to receive dialysis.
Maria D. Huerta, individually and as representative of the estate of Osvaldo Huerta, Osvaldo Huerta Jr., Eric Lee Huerta, David Huerta, and Gamaliel Huerta has filed a complaint Aug. 10 against Bio-Medical Applications of Texas, Inc. doing business as Fresenius Kidney Care North Houston and Fresenius Medical Care North America doing business as Fresenius Kidney Care North Houston.
The suit was filed in the the 133rd District Court of Harris County, TX, and alleges that on or about June 28, 2021, Osvaldo Huerta came to Fresenius Kidney Care North Houston for dialysis. The suit says the dialysis center left the 57-year-old blind patient, who was at a fall risk, unattended, and that he fell, resulting in a blow to the head.
The complaint says Huerta was transported to Memorial Hermann Hospital System – Humble, intubated, then transferred to Memorial Hermann Hospital System – The Medical Center. CT brain imaging showed severe brain injury. The injury, says the filing, “triggered cardiovascular complications, causing Mr. Huerta to enter a full code.”
Huerta was declared brain dead the following day.
The plaintiffs allege negligence and gross negligence, claiming the defendants “breached the applicable standards of care required for Osvaldo Huerta” and that the defendants’ conduct “involved such an entire want of care as to indicate that it was a result of conscious indifference to the rights, welfare, and safety of Osvaldo Huerta.”
The plaintiffs, Huerta’s wife and sons, seek damages for past and future reasonable medical expenses; past and future physical pain and suffering; past and future mental anguish; loss of enjoyment of life; funeral and burial expenses; termination of parent-child relationship; and termination of husband-wife relationship.
The plaintiffs are represented by Mark A. Weycer and Elena R. Bueno of The Weycer Law Firm, P.C. in Bellaire, Texas.