Guadalupe Montejano has filed a lawsuit against Gaspy Home Health Care, Inc., alleging negligence that led to severe medical complications for Felipe Ramos. The complaint was filed on January 9, 2025, in the District Court of Harris County, Texas, accusing Gaspy Home Health Care of failing to provide adequate medical care which resulted in significant harm.
The case revolves around Felipe Ramos, who suffered a broken hip in February 2023 and subsequently developed a wound while hospitalized. Upon his release, Gaspy Home Health Care was contracted to monitor and treat the wound. However, according to the plaintiff, the care provided was inadequate, leading to the wound worsening and eventually developing gangrene. By April 2023, the condition necessitated hospitalization and resulted in the amputation of Ramos's left foot. Montejano argues that this outcome was preventable had Gaspy Home Health Care fulfilled its duty of care.
Montejano claims that Gaspy Home Health Care failed in several key areas: they did not properly care for Ramos's wound or refer him to a specialist when necessary. These failures are alleged to constitute both negligence and gross negligence under Texas law. Specifically, Montejano accuses Gaspy Home Health Care of breaching their legal duty as medical providers by not exercising ordinary care and prudence expected under similar circumstances.
In terms of relief sought from the court, Montejano is requesting compensation exceeding $1 million for various damages including past and future medical expenses, lost wages, pain and suffering, mental anguish, physical disfigurement and impairment. Additionally, she seeks exemplary damages due to what she describes as reckless disregard for patient safety by Gaspy Home Health Care.
Representing Guadalupe Montejano is attorney Adam T. Funk from Funk Law Group PLLC. The case is presided over by Judge Monica Jackson in Harris County's 165th District Court under Case ID 2025-01752.