HOUSTON – A Texas state court judge has authorized a jury verdict which found in favor of a local surgeon, whose patient developed complications a decade after undergoing laparoscopic gastric band surgery in 2006 and later passed away in 2020.
Cindy Stark of Orange County first filed suit in the 157th District Court of Harris County, Texas on Oct. 19, 2018 versus Matthew St. Laurent, M.D. and Matthew St. Laurent, M.D., P.A., of Cypress.
“It has become necessary to institute this suit due to the serious and permanent injuries suffered by plaintiff Cindy Stark, as a result of medical negligence. When this case is tried, the evidence will show that on May 18, 2006, plaintiff underwent weight loss surgery performed by defendant, Matthew St. Laurent, M.D. Specifically, plaintiff underwent a laparoscopic adjustable gastric band insertion and attachment of a MediPort device. Plaintiff did not experience any significant issues from the May 18, 2006 surgery until 2016. On Sept. 7, 2016, plaintiff presented to the North Cypress Medical Center with complaints of severe abdominal pain, nausea and vomiting. A CT scan was performed and indicated that the gastric band around plaintiff’s stomach from her weight loss surgery has ‘slipped,” the complaint said.
“On Sept. 8, 2016, plaintiff was sent to the OR where defendant was to remove the gastric band and the MediPort device. During the procedure, an alleged ‘sizable defect’ was encountered. Defendant’s operative report indicates he allegedly closed the defect using several interrupted sutures. Of note, throughout defendant’s operative report, he did not find any necrotic tissue. The liver and spleen were noted to be without injury. The stomach appeared within normal limits. Plaintiff was discharged on Sept. 9, 2016, but continued to experience abdominal pain.”
By Sept. 17, 2016, Stark said her abdominal pain was so severe that she was taken by ambulance to Baptist Hospitals of Southeast Texas in Beaumont. A subsequent CT scan revealed that she was septic, and suffering from an ischemic/necrotic infectious process involving her stomach and esophagus.
Stark was then forced to undergo a laparotomy and near-total gastrectomy. Despite this surgical procedure, it was discovered soon after that Stark’s spleen had also become necrotic and needed to be removed, leading her to be hospitalized until Nov. 2, 2016. Her suit said she “never recovered from the massive damage that was caused by defendant and no gastrointestinal continuity could be performed”, leading her to be bedridden and rely on feeding tubes to survive.
The suit claimed St. Laurent was negligent in his care of Stark and violated the Texas Civil Practice & Remedies Code, and sought damages between $200,000 and $1,000,000.
Stark passed away in 2020, while her suit was pending. In her place, Jeffery David Authement was substituted as the personal representative of Stark’s estate for the purposes of this case.
After the complaint was amended twice, defense counsel answered it in December 2021 and denied the plaintiff’s allegations.
“Defendants specifically deny that they were in any way negligent. Pleading, however, strictly in the alternative, in the trial of this case, defendants assert the defense of comparative causation and comparative negligence, and request the jury to compare the extent to which any party to this case, whether joined in this suit or not, may have caused or contributed to cause the alleged injuries sustained by plaintiff,” according to that answer, in part.
“Defendants further invoke that legal doctrine, pursuant to Texas Civil Practices and Remedies Code Sections 33.001 et seq., permitting them to make an election, as set forth under Sections 33.012 and 33.014, as between a dollar for dollar credit, or a ‘stair-step’ credit for any settlement by other parties to this cause. This pleading is directed to any settlement that plaintiff may make with any entities who are presently parties to the suit, entities who are not parties to the suit and will not be made parties, and entities who are not parties to this suit but who may be added later as defendants or cross-defendants.”
The defendants further argued that the plaintiff’s alleged injuries and damages, if any, “were caused by previously existing and/or subsequently occurring conditions.”
At trial this past July, a jury found for the defendants. In a Sept. 17 final judgment, Harris County District Court Judge Tanya Garrison authorized the verdict.
The plaintiff was represented by Craig Lewis of The Lewis Law Firm, in Houston.
The defendants were represented by Sam A. Houston and Cynthia L. Freeman of Scott Clawater & Houston, also in Houston.
157th District Court, Harris County, Texas case 2018-76227
From the Southeast Texas Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com