A Harris County resident has filed a lawsuit against a local physician, alleging medical negligence that resulted in severe injuries. Kristen Hart initiated the complaint on June 3, 2024, in the District Court of Harris County, Texas, against Dr. Thomas L. Jones II.
According to the petition, Hart claims that Dr. Jones negligently performed lumbar spinal surgery on June 3, 2002. The surgery involved interbody fusion, posterior bone grafting, and posterior spinal instrumentation. Hart alleges that Dr. Jones improperly implanted the spinal instrumentation, which later became unstable and migrated within her body. This alleged negligence necessitated a complete revision surgery to correct the issues caused by the initial procedure.
The plaintiff asserts that Dr. Jones failed to exercise ordinary care and diligence expected from a reasonable and prudent physician under similar circumstances. Specifically, Hart's petition highlights three main points of negligence: failing to perform the lumbar spinal surgery properly; performing the surgery in a manner that caused injury to her eyes; and other acts or omissions that may be revealed during trial.
Hart is seeking monetary relief between $250,000 and $1,000,000 for physical pain, mental anguish, physical impairment, medical expenses (both past and future), and loss of earning capacity due to her injuries. She also challenges the cap on non-economic damages imposed by Section 74.351 of the Texas Civil Practice & Remedies Code as unconstitutional under the 7th and 14th Amendments of the United States Constitution.
The plaintiff is represented by Leland M. Irwin of The Irwin Law Firm P.C., located in Richmond, Texas. The case has been assigned Case ID 2024-34896 and will be presided over by Judge Talasha Bradford in Judicial District Court No. 281.