Below is a representative list of cases that reflect the diversity, size, and types of cases we routinely handle and resolve for our clients.

Where matters are part of public record, we have disclosed the settlement amount. These examples reflect success in past cases only. In no way do they indicate settlements for future cases. All cases are unique. Results cannot be guaranteed.

1. Failure to Properly Treat Ulcerative Colitis

Andrew Aycoth, et al. vs. Confidential Defendant; Texas. Marc E. Stewart and Blake A. Deady

Gwendolyn Aycoth, age 49, was a practicing nurse that had recently been diagnosed with ulcerative colitis, a form of irritable bowel syndrome (IBS). As her symptoms worsened, she sought GI care and was admitted to a Houston-area hospital. During the hospitalization, she experienced increasing abdominal pain, hallucinations, and symptoms of severe or infectious UC. Nevertheless, she was discharged with little change in her UC treatment plan. A few days later she was admitted to a second hospital where she was quickly diagnosed as suffering from toxic megacolon, a life-threatening, infectious/inflammatory bowel condition that can occur as a result of under-treated UC. Tragically, she succumbed to the infectious process weeks later. She left behind a husband, a minor son, and an adult son.

The case settled prior to trial in May 2009 for a confidential amount.

2. Anesthesia Complications

Evelyn Blanton, et al. vs. Confidential Defendant; Texas. Marc E. Stewart and Blake A. Deady

Ms. Blanton, 46 years old and a school teacher with two sons, underwent an elective hysterectomy at a major hospital. She had been cleared by cardiology despite her serious cardiac and renal problems. The cardiologist made it clear to the surgical staff and anesthesiology personnel that she was at significant risk for cardiac arrest. After the surgeon had left the OR, Ms. Blanton remained under anesthesia care. For unexplained reasons, the anesthesia personnel failed to recognize that her blood pressure and other vital signs decreased significantly over a period of 15-25 minutes. She then suffered cardiac arrest and was resuscitated. Unfortunately, she suffered a profound brain injury due to lack of oxygen prior to and during the arrest. She now suffers severe speech impairment, lack of mobility, and a general inability to care for herself. She now requires full-time care.

The case settled prior to trial in August 2008 for a confidential amount. Ms. Blanton will receive medical care for the balance of her life.

3. Mixed-Up Biopsy

Julie Damen, Individually and as Representative of the Estate of Robin Damen, et al. vs. Confidential Defendant; Texas. Marc E. Stewart and Blake A. Deady

Robin Damen was diagnosed and treated for leukemia at a Texas hospital. After a long and successful course of treatment, he was declared cancer-free. He, his wife and children celebrated his good fortune. He returned to the hospital for periodic blood marrow biopsies to ensure that his cancer had not returned. On one such occasion, the lab mixed up his biopsy with that of a different patient. He was informed that his cancer had aggressively returned and chemotherapy was initiated that evening. A few days later, he was informed of the mix-up and told that he was indeed cancer-free. With a depleted immune system as a result of beginning chemotherapy again, Mr. Damen suffered from severe pneumonia that caused his death.

The case settled in June 2008 for a confidential amount.

4. Failure to Timely Diagnose Cancer

Bryan Davidson and Debra Lynn Davidson v. Salvador Faus, MD, John Cochrane, MD and Beeler-Manske Clinic; Cause No. 99-CV-0256 in the 122nd Judicial District Court of Galveston County, Texas. Michael P. Mallia and Marc E. Stewart.

This medical malpractice case involved the Defendants' failure to timely diagnose Bryan Davidson's testicular cancer. The one-year delay in diagnosis resulted in Bryan Davidson having to undergo eleven rounds of chemotherapy, including six rounds of "salvage chemotherapy," and two surgeries to remove portions of his lungs. The chemotherapy and surgeries left Bryan with permanent and debilitating physical problems. Debra Lynn Davidson sued for her loss of consortium.

A verdict in favor of the plaintiff was awarded by a jury on January 30, 2001.

5. Medical Malpractice / Wrongful Hysterectomy

Misty Dudley v. Leslie Cohen, MD; Cause No. 2004-34891; In the 61st Judicial District of Harris County, Texas. Marc E. Stewart and Blake A. Deady

Mrs. Dudley was a 32-year-old, married mother of three children. Mr. and Mrs. Dudley desperately wanted an additional child but fertility problems made conception difficult. After considerable expense with fertility treatments, Mrs. Dudley began experiencing bleeding and cramps. She was examined by Dr. Cohen, whose only recommendation was total hysterectomy, including both ovaries. Mrs. Dudley was devastated, but reluctantly agreed, and the surgery was performed about a month later. No pregnancy test was performed prior to the surgery. During the surgery, Dr. Cohen quickly discovered that Mrs. Dudley was actually suffering from an ectopic, or tubal, pregnancy. While tubal pregnancies are not viable for fetal development and pose a serious health risk for the mother, it was apparent that the fertility treatments were working. Nevertheless, Dr. Cohen completed the total hysterectomy and forever ended Mrs. Dudley's chances of having an additional child.

The case settled out of court September 28, 2005.

6. Surgical Misadventure / Spinal Procedure

Virgil H. Cook, Jr. v. James Ghadially, MD, and Tenent Healthcare, LTD. d/b/a Twelve Oaks Medical Center; Cause No. 2002-57461; In the 165th Judicial District Court of Harris County, Texas. Marc E. Stewart and Blake A. Deady

In this medical malpractice case, Virgil Cook complained that Dr. Ghadially negligently performed a cervical spine surgery. Mr. Cook's esophagus was somehow torn during the procedure, allowing blood to aspirate into his oropharynx and into his lungs. Hours after the surgery and while still at the hospital, Mr. Cook suffered respiratory distress and coded twice. He almost died. He underwent additional surgeries to correct the problem. He has now recovered and experiences no future problems connected to the incident. During litigation, the defendant declined to make a settlement offer. The case went to trial on August 30, 2004.

A verdict in favor of the plaintiff was awarded by a jury September 28, 2004.

7. Automobile Collision

Thomas Boyce, and Kerry Boyce, Individually, and as next friend of Daniel Boyce, Sarah Boyce and John-Ross Boyce v. Abel Dominquez and Kinsel Industries, Inc.; Cause No. 98-56774, in the 215th Judicial District Court of Harris County, Texas. Michael P. Mallia and Marc E. Stewart

This negligence case arose from a freeway collision in which the Plaintiff's vehicle slammed into the rear of a 2-1/2 ton flatbed truck at a speed of about 65-70 mph. The flatbed truck was driven by Defendant Dominquez and owned by Defendant Kinsel Industries, Inc. Kinsel Industries was doing construction on the freeway. Defendant Dominquez parked the truck in the left lane of the freeway, or was traveling very slowly, with no brake lights, taillights, or hazard or caution lights illuminated. Plaintiff Thomas Boyce shattered both wrists and his hip, all of which required surgery. He will require more than one hip replacement in the future.

A verdict in favor of the plaintiff was awarded by a jury January 31, 2000.

8. Medical Malpractice / Wrongful Death / Over-prescribing Narcotics by Physician

James Church, Individually and as Representative of the Estate of Debra Church v. Edward H. Morris, MD; Cause No.2004-36418; In the 11th Judicial District Court of Harris County, Texas. Marc E. Stewart and Blake A. Deady

James Church was married to Debra Church. Mrs. Church suffered from a history of back problems that caused her severe pain. Her primary care physician, Dr. Morris, regularly treated Mrs. Church for her condition. The treatment was limited to refilling narcotic prescriptions without actually examining the patient on a regular basis, as evidenced by the medical records. As time went by, Plaintiff alleged that Dr. Morris also failed to recognize the classic symptoms of narcotic addiction and continued filling the prescriptions. Mr. Church awoke on June 1, 2002, to discover that his wife had died in her sleep. According to the Harris County Medical Examiner, her death was caused primarily by "combined toxic effects of codeine, diphenhydramine, and alprazoluam"--all drugs prescribed by Dr. Morris.

The case was mediated in June 2005, and settled for a confidential amount.

9. Adulterated Food at Restaurant

Melinda Zellmer, Individually and as Next Friend of Meagan Zellmer v. Landry's Restaurants, Inc. d/b/a The Rainforest Cafe; Cause No. 2003-52490; In the 165th Judicial District Court of Harris County, Texas. Marc E. Stewart and Blake A. Deady

Melinda Zellmer was having lunch with her two young children at the Rainforest Cafe in Katy, Texas, when she was injured by pieces of broken glass in her iced tea. The shards cut her cheek and, worse, a piece was swallowed before she realized what was happening. She sought medical attention at Christus St. Catherine and was told the ingested glass would eventually pass naturally. Other medical tests were performed to ensure that the ingested piece had not torn her esophagus or stomach. Ten days later she passed the ingested piece at home. The shard measured approximately 1/2" X 1-1/2". The pain caused her to faint, resulting in her falling sideways from the toilet and into her tub. Her head struck the tile and caused a hematoma. EMS transported her to Memorial Hermann Medical Center. Medical tests confirmed that she did not suffer a perforated GI tract and, other than cuts to her rectum, she experienced no lasting injuries.

A verdict in favor of the plaintiff was awarded by a jury.

10. Medical Malpractice / Interventional Radiology Error / Blindness

Daniel Ronquillo et al. v. I. Ray Kirk, MD; Cause No. 2002-59355; In the 11th Judicial District Court of Harris County, Texas. Marc E. Stewart

Mr. Ronquillo had been diagnosed with a benign brain tumor. A day before the surgery to remove the tumor, an interventional radiological procedure was performed for the purpose of sealing off certain arteries leading to the tumor. The goal was to limit bleeding during the next day's surgery. Unfortunately, an error occurred during the radiology procedure that caused Mr. Ronquillo to suffer permanent blindness in his left eye.

The lawsuit settled out of court in January, 2004.

11. Medical Malpractice / Failure to Diagnose Ruptured Appendix / Kidney Failure

William Cofield and Rosie C. Cofield v. Judith E. Piner, DO and OSO Bridge Clinic, PA; Cause No. 05-202-G; In the 319th Judicial District Court of Nueces County, Texas. Marc E. Stewart and Blake A. Deady

Mr. Cofield was a barge captain living in Corpus Christi, Texas. On March 3, 2003, he presented to Oso Bridge Clinic and was examined by Dr. Piner. He was experiencing body aches, a cough, and headaches. He noted that while it felt flu-like, he also experienced severe abdominal pain. No physical and/or abdominal examination was performed, although Dr. Piner later disputed this. No radiology was ordered and no referral to a hospital or specialist was made. He was diagnosed with "flu syndrome" and was prescribed medication. On March 8, 2003, Plaintiff returned to the clinic. He was seen by a physicians assistant. Plaintiff reported that the symptoms had not ceased and that he had begun to experience fatigue and night sweats as well. No physical and/or abdominal examination was performed. Medication was prescribed and blood tests were planned, but no radiology was ordered. Further, no referral was made to a hospital or specialist. On March 9, 2003, Plaintiff presented to the emergency department at Corpus Christi Medical Center complaining of night sweats, abdominal pain, chills, fever, difficulty eating, and body aches. He was quickly diagnosed with a ruptured appendix. The perforated bowel had leaked infectious bowel contents into his abdominal cavity, resulting in a dangerous abscess. He underwent surgery to repair the perforation and cleanse the abscesses and was given strong antibiotics to fight the infection. Afterwards, he experienced total renal failure as a complication of the abscess and was placed on dialysis. On March 17, 2004, Plaintiff underwent a kidney transplant at Methodist Specialty and Transplant Hospital in San Antonio, Texas. His brother was the kidney donor.

The case settled out of court in May, 2005.

12. Automobile Collision

Nguu Luu, et.al. v. Allstate Property & Casualty Ins. Co.; Cause No. 729745, In County Civil Court at Law No. 4, Harris County, Texas. Marc E. Stewart

Mr. and Mrs. Luu were driving with their two children when a drunk driver collided with their automobile. Mrs. Luu was injured and subsequently died at Ben Taub Hospital in Houston, Texas.

The claim settled out of court.

13. Medical Malpractice / IV Infiltration Injury to Arm / Chemical Burn

Clyde Driskell v. Memorial Hermann Hospital System; Cause No. 2003-49023; In the 333rd Judicial District Court, Harris County, Texas. Marc E. Stewart

Mr. Driskell was admitted to Memorial Hermann-Katy Medical Center for problems relating to his renal failure. While there, nurses administered an IV infusion of potassium, pursuant to physician's orders. The nurses failed to properly monitor the infusion despite complaints of pain from Mr. Driskell. The infiltration was later discovered, but not before serious tissue damage had occurred. Mr. Driskell required debridement procedures and a skin graft for the burned and necrotic tissue on his arm.

The case settled out of court in January, 2005.

14. Medical Malpractice / Wrongful Death / Failure to Properly Treat Cardiovascular Disease

Mary Ann Fernandez, Individually and as Representative of the Estate of Robert Fernandez; The Estate of Robert Fernandez, Victoria Fernandez and Rebecca Felker v. Bharat S. Patel, MD, PA et al; Cause No. 02CV1164; In the 212th Judicial District Court, Galveston County, Texas. Marc E. Stewart

Robert Fernandez was a heart patient who was regularly monitored by his cardiologist, Dr. Patel. Mr. Fernandez was diagnosed with significant stenosis of a major coronary artery. Nevertheless, Dr. Patel failed to recommend surgical treatment for the stenosis. Mr. Fernandez suffered a major heart attack at work and died. His family members brought suit against Dr. Patel and his practice group.

The suit settled just prior to trial in June, 2004.

15. Texas Deceptive Trade Practices Act (DTPA) / Fair Debt Collection Practices Act

Lisa Mudd Stephens v. Gillman Mitsubishi; Cause No. 803,967; In County Civil Court at Law Number 4, Harris County, Texas. Marc E. Stewart

Ms. Stephens leased a 2000 Mitsubishi Montero Sport from a Colorado dealership. She later moved to Houston. In August 2002 she was contacted by Mitsubishi Motor Credit to inform her that her 3-year lease would expire in twelve months, but that she could take advantage of a loyalty promotion wherein she could avoid over-mileage penalties if she entered into a new lease or simply purchased a new Mitsubishi from a "participating dealership."

On August 29, 2002, Ms. Stephens contacted Gillman Mitsubishi North about the program and was ultimately told that "it would be no problem." She then bought a new Mitsubishi, leaving her 2000 Montero Sport at Gillman.

About six (6) weeks later, Ms. Stephens received a telephone call from Mitsubishi Motor Credit's Collections Department. She was shocked to learn that Mitsubishi Motor Credit still expected monthly lease payments on her former vehicle--the one she already turned over to Gillman Mitsubishi. Ms. Stephens later learned that Gillman Mitsubishi was not a "participating dealership" in the loyalty promotion.

The case settled out of court on May 24, 2004.

16. Texas Deceptive Trade Practices Act (DTPA)

Sandra Rowland vs. Texas Longhorn Motors, Inc. D/B/A Longhorn Motor Co.; Cause No. 741661; In the County Civil Court No. 1, Harris County, Texas. Marc E. Stewart

Ms. Rowland, a young single mother, purchased a 1992 Mazda MX-3 from Viva Auto, which was owned by Longhorn Motor Company (Longhorn) of Houston. Only two days later, the car had significant transmission problems. Viva Auto offered to investigate the problem. It was to be a free inspection. Without Mrs. Rowland's authorization or consent, expensive repairs were made to the car. She was informed that they would not release the car to her until she paid the repair bill.

A DTPA lawsuit was filed against Longhorn, who then answered the suit without the assistance of an attorney. Plaintiff filed a Motion for Summary Judgment, which was granted by the court when no representative of Longhorn appeared at the hearing.

Judgment was entered in favor of the plantiff by a court following a jury trial.

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