Summary: Attorneys Joel R. Sprott and Diana M. Navarro obtained a dismissal of a lawsuit against a dental practice after successfully arguing that Plaintiff had inappropriately recast their health care liability claims as contract claims and had failed to provide a Chapter 74 expert report.
Summary: The legal team of Joel R. Sprott, Rob Carpenter and Diana Navarro won a victory in Shumate v. Dr. V.; in the 333rd District Court of Harris County, TX. After deliberating for less than an two hours, the jury returned a defense verdict in this medical malpractice case where the plaintiff alleged that an extraction of a tooth caused the plaintiff to develop trigeminal neuralgia. This was the firm’s first trial since COVID-19 restrictions began in March 2020 which limited live jury trials.
Summary: Attorney Diana Navarro successfully convinced the Texas State Board of Dental Examiners to dismiss claims as to Dr. O. The board took no actions against our client.
Summary: Attorney Diana Navarro successfully convinced the Texas State Board of Dental Examiners to dismiss all of their claims for 10 different patients against our client (dentist). The board took no actions against our client.
Summary: Attorneys Joel Sprott and Diana Navarro successfully defended our client (a physician) against 11 complaints by the Texas Medical Board alleging violations in standard of care and billing violations. All 11 complaints were dismissed in their entirety and the board took no action against our client.
Summary: In Garcia v. H R Framing, Inc., Jim Newsom won a motion for summary judgement in Harris County for a commercial home builder involving a serious personal injury. The employee of a subcontractor lost a thumb and claimed the injury was caused by a defective guard on a circular saw. In the absence of actual knowledge, the builder/property owner had no liability as a matter of law under § 95.003 of the Texas Civil Practice & Remedies Code.
Summary: Joel R. Sprott secured a defense verdict in Sabbagh v. Dr. A.; in the 189th Judicial District Court of Harris County, TX. Plaintiff alleged failure to remove placenta following delivery.
Summary: Sanchez-Dominguez vs Bourmel and Muhizi, a jury in the 113th Judicial District Court returned a defense verdict in favor of our client Mr. Muhizi after a 4 day trial. Plaintiff alleged Mr. Muhizi was negligent in operating his motor vehicle. The jury found that Mr. Muhizi was not negligent. Attorney: Diana M. Navarro.
Summary: Attorneys Joel R. Sprott and Tina E. Ohanian were victorious before the State Office of Administrative Hearings, which found that our client did not breach the standard of care and that the Board take no action against our client.
Summary: The 12th Court of Appeals upholding the trial court’s ruling granting attorneys, Joel R. Sprott and Tina E. Ohanian traditional and no evidence summary judgments in favor of our client. The Appellate Court agreed that the Plaintiff failed to present sufficient evidence of causation to support her medical malpractice claim, dismissing all claims against our client.
Summary: Joel R. Sprott obtained a Non-Suit of a defendant doctor during the second week of trial while the case proceeded against the remaining Defendants. Pavlock v. Dr. W; in the 80th Judicial District Court of Harris County, TX. Plaintiff alleged Plaintiff alleged improper IVC filter placement/management and sought 1 million+ in damages.
Summary: In Kelly v. Ford, 543 S.W.3d 383 ( Tex. App. – Houston [14th Dist.] 2018, pet. denied), Jim Newsom represented a pharmacist in a malpractice case. The trial court denied the defendants’ motion to strike plaintiff’s expert reports for failure to comply with Chapter 74 of the Texas Civil Practice & Remedies Code. Jim successfully appealed the trial court decision to 14th Court of Appeals. The appellate court reversed the trial court and found that there was an analytical gap in the expert report which failed to establish causation.
Summary: The legal team of Joel R. Sprott and Cha’Mira L. Keener won a 12-0 victory in Bohuslavicky v. Dr. J & Dr. H; in the 334th District Court of Harris County, TX. After deliberating for less than an hour, the jury returned a unanimous defense verdict in this wrongful death, medical malpractice case where the plaintiffs alleged that the prescription of Xarelto caused the death of a patient who had several co-morbidities.
Summary: Attorneys Joel R. Sprott and Tina E. Ohanian won a pivotal appeal establishing that an injury need not be personal or bodily in order to qualify as a healthcare liability claim. The 14th Court of Appeals agreed that the Plaintiff’s lawsuit was actually a health care liability claim, as opposed to a breach of contract, and dismissed the case due to Plaintiff’s failure to provide a statutorily required Chapter 74 Expert Report. All attorneys fees and costs in defending our client ($22,747.44) were awarded against the Plaintiff.
Summary: Joel R. Sprott and Diana M. Navarro successfully convinced the Texas Supreme Court to affirm the 14th Court of Appeal’s ruling which found that the Plaintiff’s medical authorization form attached to the patient’s presuit notice to the hospital defendant was insufficient to toll the two-year health care liability limitations period.
Summary: Spears v. Dr. I., et. al.; 60th Judicial District Court of Jefferson County, TX. The jury delivered a unanimous defense verdict in favor of the doctor and clinic with a deliberation time of less 30 minutes. Plaintiff claimed medical malpractice with allegations relating to post-operative care following a knee surgery. Attorneys: Joel Randal Sprott (lead) and Diana M. Navarro.
Summary: In CenterPoint Electric v. CableTex Communications, a jury in the 55th District Court of Harris County returned a defense verdict in favor of CableTex Communications after a 3 day jury trial. Plaintiff claimed that CableTex negligently damaged its underground electrical cables in downtown Houston, resulting in $200,000 in property damage. The jury found that CableTex did not violate Chapter 251 of the Texas Utilities Code and that Centerpoint failed to mark its own underground facilities. Attorney: Jim Newsom
Summary: Michele Quattlebaum won a very important pharmacy case in the Texas Supreme Court on April 24, 2015, wherein the unanimous Court reversed the judgment of the 2nd Court of Appeals and held that the Plaintiff had asserted a Health Care Liability Claim which was subject to dismissal for the Plaintiff’s failure to file the required 120-day expert report.