Christina C. Huston

Christina Huston (Of Counsel-Houston) and John Shepperd (Partner-Houston) obtained a defense verdict for a neurosurgeon client in the 170th District Court of McLennan County, Waco, Texas, after a four-day trial.

The plaintiff in this case, a 44-year-old female, underwent an anterior cervical discectomy performed by our client, followed by a posterior cervical laminectomy and fusion after her continued complaints of pain and neurological symptoms. The plaintiff later experienced significant deterioration, including impaired mobility and bowel and bladder issues, and ultimately sought care from a subsequent neurosurgeon who performed a two-level corpectomy. The plaintiff alleged that our client negligently failed to recognize the need for a corpectomy from the outset, asserting claims supported by expert testimony and seeking substantial damages, including a life care plan valued at $3.8 million, as well as lost earnings and noneconomic damages.
 
At trial, Christina and John presented evidence and expert testimony establishing that both procedures performed by the client were appropriate and within the standard of care. They further demonstrated that the plaintiff initially improved following the second surgery, but deteriorated weeks later due to a known postoperative complication – an encapsulated fluid collection placing pressure on the spinal cord. Evidence showed this condition, rather than any surgical decision-making, caused the patient’s subsequent neurological decline, and was later addressed during the third surgery. The Wilson Elser team also noted that our client did not have access to critical post-operative imaging after the second surgery, which he had ordered before the patient transferred care.
 
After approximately two hours of deliberation, the jury returned an 11–1 verdict in favor of our client, finding no negligence on the surgeon's part despite the patient suffering poor outcomes after the first two surgeries.

Christina Huston (Of Counsel-Houston, TX) and John Shepperd (Partner-Houston, TX) obtained a defense verdict after five days of trial. The plaintiff alleged her client spine surgeon performed an unnecessary 360° spinal fusion surgery when the patient presented with hip pain that was secondary to a trochanter bursitis rather than a herniated disc. The plaintiff subsequently suffered a failed fusion. The plaintiff relied on the testimony of a hip surgeon as well as an investigation by her health insurance carrier that concluded this was an unnecessary surgery. The plaintiff also claimed that our client made his decision to operate solely on provoked discography, which the plaintiff described as an antiquated “Voodoo” technology. The client countered by testifying that the insurance claim was denied because it was mistakenly characterized as a two-level fusion for herniated discs. Christina and John agreed that a two-level fusion for herniated discs is inappropriate, but that was not the patient’s diagnosis. The patient actually had internal disc disruption at two levels. The disc disruption was demonstrated on a post-discography CT scan that showed extravasation of injected dye outside the disc space. The jury returned an 11-1 verdict for the surgeon in less than an hour.

Christina Huston (Of Counsel-Houston) and Carol Kennedy (Of Counsel-Houston) obtained summary judgment in the Harris County Court at Law No. 1 for Wilson Elser’s client, an insurance agent and broker.  The plaintiff brought a suit against its insurer and the local broker/agent, alleging a failure to procure sufficient insurance coverage before the historic winter storm, Uri. The trial court granted Christina and Carol’s traditional motion for summary judgment and their no evidence motion for summary judgment, concurring that the plaintiff failed to produce evidence to support one or more elements of the claim and could not recover on the claim as a matter of law, dismissing the case.