Serpe Andrews is proud to announce that following a 8-day jury trial, the jurors of the 125th Judicial District Court of Harris County, Judge Kyle Carter presiding, rendered a defense verdict in favor of CHCA Bayshore Medical Center. The trial team was led by Maggie Layrisson and John Serpe.
Plaintiff claimed that while at Bayshore Medical Center the patient experienced an overall global decline in his condition including weight loss, immobility, and leg contractures. Further, the Plaintiff claimed due to the global decline the patient developed sacral and heel pressure ulcers, which caused the need for a double above the knee leg amputation. Plaintiff sued Bayshore Medical Center, Dr. Robert Killam, and Colin Adams, P.A. Dr. Killam and Mr. Adams were represented by Frank Luccia and Blessy Varghese of Luccia & Evans. Plaintiff sought damages in excess of seven figures.
Mrs. Layrisson and Mr. Serpe, however, showed that Bayshore Medical Center’s nurses and therapists provided appropriate nutrition, timely and consistent therapy services, and twice-daily skin assessments. Mrs. Layrisson and Mr. Serpe also demonstrated that the patient’s decline was due to his long-standing underlying mental and physical conditions, not the care provided at the hospital. The overwhelming evidence showed that the patient improved while at Bayshore Medical Center and was discharged with clear and intact skin. Notably, the evidence also showed that the pressure ulcers developed a week after discharge from Bayshore Medical Center and while the patient was at a nursing home, a previously named defendant. Mrs. Layrisson and Mr. Serpe successfully established that the negligent care at the nursing home proximately caused the development of pressure ulcers, global decline, contractures, and bilateral above the knee amputation.
In less than 4 hours, the jurors reached an 11-1 defense verdict, answering that the actions of Bayshore Medical Center, Dr. Killam, and Mr. Adams did not proximately cause the injuries and damages claimed. Instead, the jurors held the actions of the nursing home proximately caused the injuries claimed and damages sought.
Larry Bates, Jr., as heir of Larry Bates, Sr. v. CHCA Bayshore, L.P, et. al., No. 2019-19583, in the 125th Judicial District Court of Harris County.
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