A Houston woman has filed a lawsuit against two doctors and a healthcare facility, alleging negligence during a medical procedure that resulted in her injury. Irene Castaneda initiated the legal action on October 1, 2024, in the District Court of Harris County, Texas, naming Dr. David Gelber, Dr. Amir Mian, and HCA Houston Healthcare Southeast as defendants.
The case stems from an incident on October 11, 2022, when Castaneda underwent a right temporal artery biopsy at HCA Houston Healthcare Southeast. During the procedure performed by Dr. Gelber, a surgical drape ignited, causing injuries to Castaneda. The lawsuit accuses Dr. Gelber of failing to ensure that ChloraPrep—a topical antiseptic used during the surgery—was adequately dried before proceeding with the biopsy. This oversight allegedly led to the ignition of sterile pads soaked with ChloraPrep upon contact with an ignition source.
In addition to Dr. Gelber's alleged negligence, the complaint also targets Dr. Amir Mian for similar failures in his role as an anesthesiologist during the procedure. The suit claims that both doctors did not take necessary precautions to prevent such accidents and failed to coordinate effectively with their surgical team regarding patient readiness.
HCA Houston Healthcare Southeast is accused of not implementing adequate policies and procedures for using ChloraPrep safely and failing to minimize ignition sources in operating rooms. The plaintiff argues that these lapses collectively contributed to her injuries.
Castaneda seeks compensation for physical pain, mental anguish, loss of earning capacity, disfigurement, physical impairment, and future medical expenses resulting from the incident. She requests a jury trial and aims for damages exceeding $75,000 but asserts that federal jurisdiction does not apply due to incomplete diversity among parties.
Representing Castaneda are attorneys Brian C. Steward and Nathaniel Mack III from Mack Injury Attorneys based in San Antonio, Texas. The case is assigned under Cause No. 2024-67820 in the 157th Judicial District Court of Harris County.