A state court jury in Beaumont found the negligence of Baptist Hospitals of Southeast Texas and its doctors caused a man’s paralysis, and awarded him $59.7 million.
The medical malpractice trial in Jefferson County’s 172nd District Court was for the benefit of Kiet “Ricky” Tuan Do, who at age 33, was left permanently disabled.
Cody Dishon, ownership partner at The Ferguson Law Firm and lead counsel for the plaintiff, made the case that timely intervention would have prevented the paralysis.
As chronicled in the third amended complaint, Do was allegedly an able-bodied process operator who on Aug. 13, 2019 came into Christus Southeast Texas Mid-County Outpatient Center, a non-hospital freestanding clinic in Port Arthur, complaining of excruciating shoulder, neck and back pain.
While at the clinic, Do’s legs collapsed. The emergency room physician ordered a CT scan of his cervical spine and brain but the results came back normal, the complaint stated.
The ER doctor diagnosed Do with rhabdomyolysis, a medical condition that occurs when damaged muscle breaks down and releases its contents into the blood. The patient was immediately transferred to Baptist Hospital in Beaumont for a neurological workup.
The complaint notes that Baptist Hospital records described Do’s symptoms as “moderate,” contrary to the excruciating pain nurses noted at Christus Outpatient.
“While at Baptist Hospital, the doctors, staff and nurses completely failed to perform their job and committed medical malpractice,” the complaint alleged.
Among the protocols allegedly not followed were no immediate neurological assessments, no monitoring of the patient, a failure to perform a timely MRI, and no follow-up with Girishkumar Kansara, the physician responsible for Do’s care, the complaint said.
When Kansara did order the MRI, he placed a “regular” order when a high priority “STAT” order was appropriate under the circumstances, the complaint alleged.
Not until 20 hours after Do first sought emergency care was the MRI reviewed to reveal severe a extradural mass or bleeding on his cervical spine, the complaint claimed.
“Contrary to everything going on, the records at Baptist Hospital indicate Ricky Do was stable, and his prognosis was good before he was life-flighted to St. Luke’s Hospital in Houston. Immediately upon arrival, Do was assessed and surgery performed, but 30 hours had passed since he first sought help,” the complaint alleged. “The defendants’ gross negligence eliminated a healthy recovery for Ricky Do.”
The hospital and Kansara were the named defendants at trial. Four other defendants, three doctors among them, either settled or were dismissed prior to trial.
Over the course of the trial, 23 witnesses testified on the stand, by Zoom or by deposition, Dishon said.
Witnesses included Do, his wife and two brothers, two former defendants—the ER doctor and radiologist, three neurosurgeons, economist, vocational expert, life care planner, three nurses and a nursing expert, two internal medicine physicians, and a corporate representative for the hospital.
The jury verdict held Baptist Hospital 90% at fault and Dr. Kansara 5% at fault. A doctor who was no longer a defendant was cited as also 5% at fault.
Baptist Hospital was represented by Cooksey Kahn Quinon partners Curry L. Cooksey and Missy Khan. Kansara was represented by John S. Serpe and Taylor K. Taylor of Serpe Andrews in Houston.
“Dr. Kansara was the internal medicine physician that ordered the imaging study that led to the correct diagnosis for this patient. While Dr. Kansara is deeply saddened by the patient’s outcome, he stands by the medical care he provided,” Taylor said.
Cooksey did not respond to requests for comment.
- Case: Ricky Do v. Baptist Hospitals of Southeast Texas
- Case No.: E-207079
- Description: Medical Malpractice
- Filing Date: Feb. 5, 2021
- Verdict Date: Sept. 27, 2024
- Judge: Jefferson County 172nd District Court Judge Mitch Templeton
- Plaintiff Attorneys: Cody Dishon, Javier Cabanillas, The Ferguson Law Firm, Beaumont.
- Defense Attorneys: Curry L. Cooksey and Missy Khan of Cooksey Kahn Quinon, and John S. Serpe and Taylor K. Taylor of Serpe Andrews, Houston.