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SOUTHEAST TEXAS RECORD

Saturday, October 5, 2024

Patient Sues Local Pain Clinic Over Alleged Malpractice Leading To Severe Spinal Injury

State Court
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A medical malpractice lawsuit has been filed in Harris County, Texas, alleging severe negligence and gross misconduct by a local pain management clinic and its physicians. Julie Cruz initiated the complaint on June 25, 2024, against Dr. Paul Muratta, League City Pain and Wellness, PLLC, and Dr. Scott B. McGee.

The lawsuit centers around a cervical epidural steroid injection (CESI) procedure performed on February 9, 2023. According to the filing, Dr. Paul Muratta administered the CESI at C6-C7 with moderate sedation provided by Dr. Scott B. McGee while treating Cruz for neck pain. The plaintiff claims that Dr. Muratta struck her spinal cord during the procedure but failed to recognize this critical error and proceeded to inject medication directly into her spinal cord.

The plaintiff's condition rapidly deteriorated following the procedure. Despite documentation from recovery room staff indicating decreased strength in Cruz's right hand, she was discharged after receiving two doses of Ketorolac. The next day, Cruz reported severe pain radiating into her left breast and numbness in her right arm to League City Pain and Wellness Center, prompting an urgent MRI order and instructions to visit the emergency room due to chest pain.

At UTMB Health Emergency Department, medical evaluations revealed a right frontal lobe intraparenchymal hemorrhage with adjacent subarachnoid hemorrhage and other significant findings including cord swelling at C3 on a cervical spine MRI and pneumocephalus with Right Horner’s Syndrome attributed to an iatrogenic injury from the CESI procedure.

Cruz alleges that these injuries resulted from multiple breaches of standard care by both defendants: Dr. Muratta's failure to save crucial imaging of needle placement, delay in transferring her to higher-level care despite evident hand weakness post-procedure, and sending her home prematurely; Dr. McGee's provision of moderate instead of light sedation which rendered Cruz unable to alert when injured during the procedure.

The lawsuit accuses League City Pain and Wellness, PLLC of vicarious liability for Dr. Muratta’s actions under respondeat superior doctrine as well as direct negligence for failing to ensure proper procedural standards were met by their staff.

Plaintiff seeks damages exceeding $250,000 up to $1 million for past/future physical pain/suffering, mental anguish, medical expenses, pecuniary loss including earnings/earning capacity loss, household services loss/disfigurement along with exemplary damages due to gross negligence involving conscious disregard for patient safety evidenced by discarding or destroying imaging records post-procedure.

Representing Julie Cruz are attorneys Laurent Thomas (State Bar No.: 12580850) and Michelle W. Wan (State Bar No.: 24033432) from Thomas & Wan LLP located at 1710 Sunset Blvd., Houston TX 77005 before Judge Wanda Chambers presiding over Case ID: 2024-40043 in the 164th Judicial District Court of Harris County.
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