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Proctor Secures Defense Verdict for Rehabilitation Center

March 22, 2022

Lori D. Proctor (Partner-Houston, TX | Dallas, TX | Denver, CO)  secured a defense verdict in the 152nd Judicial District Court of Harris County, Texas, on behalf of a long-term care facility. The Plaintiffs alleged staff at the client’s facility dropped a patient on three occasions while transferring him.  As he was recovering from extensive back surgery, Plaintiffs alleged the falls resulted in paraplegia and ultimately death. The defense pointed to the decedent’s history of medical comorbidities, spinal problems and spinal surgery risks as the true cause of the paraplegia and death.  Our physician expert opined that the disc could have herniated and compressed the spinal cord at any point from the first spinal surgery through rehabilitation, and the expert nurse opined that staff complied with the nursing standards of care in treating the resident. After five days of testimony, the plaintiffs asked for $4.2 million in compensatory damages and $8.4 million in punitive damages. Ms. Proctor argued the cause of death was the decedent’s decision to stop hemodialysis and the jury agreed after only 20 minutes of deliberation. The Houston team included Jon Hlavinka (Of Counsel), Sarah Ryan (Nurse Paralegal), Lawrence Moore (Legal Health Analyst) and Raquel Garza (Secretary).

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