Lawsuits allege Baylor Plano let 'dangerous' doctor operate

PLANO — A top North Texas hospital is accused of letting a dangerous surgeon operate on patients, causing their paralysis... and even death.

The allegations are laid out in federal lawsuits against Baylor Plano by two patients who say the surgeon should never have been given credentials.

Dr. Christopher Duntsch had billed himself as one of the most accomplished spine surgeons in North Texas. So much so that in July 2011, Baylor Plano agreed to pay him $50,000 a month plus expenses to work exclusively at their hospital.

But according to a lawsuit filed by Dallas attorney Kay Van Wey, Duntsch's previous employer had identified him as "an egomaniac, mentally ill, an alcoholic, drug addict or a combination thereof." Baylor has yet to file a response in the suit, and generally denies the allegation.

Van Wey said Baylor Plano was warned, but hired Duntsch anyway.

"But after that there were multiple, multiple opportunities for them to stop him," Van Wey told News 8.

Duntsch began his practice at Baylor in July 2011.

Kenneth Fennell of Oak Point said he was one of Duntsch's first victims. He underwent two surgeries. Van Wey says both were unnecessary; the second left Fennell permanently disabled.

In December 2011, Duntsch performed back surgery at Baylor Plano on Lee Passmore. Passmore — who said he lives in constant pain with no hope for relief — is also suing Baylor.

"I haven't been able to walk straight, or run, or anything since that surgery," Passmore said.

During his surgery, according to the suit, an assisting surgeon noticed Duntsch allegedly botching Passmore's operation and had to physically intervene.

"He said, 'Stop doing what you are doing,' because Duntsch was going to damage Lee's spinal cord if he continued," said James Girards, Passmore's attorney. "Duntsch refused to stop."

Girards said the altercation was witnessed by hospital staff but never reported, an allegation that Baylor denies.

One month later, according to the suit, other surgeons described Duntsch as "an impaired physician, a sociopath who must be stopped from practicing medicine."

But no one stopped him from operating on his own roommate and best friend Jerry Summers, who could walk the day before the operation at Baylor.

The day after his surgery, he was a quadriplegic.

"It was supposed to be a pretty common surgery, and I was supposed to walk in one day and walk out the next," Summers said.

According to Fennell's suit, Summers admitted to nursing staff that he had witnessed Duntsch using drugs the night before surgery. The lawsuit alleges an attorney representing Summers called Baylor Plano and "reported the allegations concerning Dr. Duntsch's drug use."

Duntsch’s privileges were suspended, but only for a few weeks.

The suit alleges on his second day back from suspension at Baylor Plano, hospital officials let him operate on Kelly Martin of Garland. Duntsch allegedly botched her surgery.

She died from massive blood loss.

"They should have stripped him of his hospital privileges,” Van Wey said. “They should have reported him to the Texas Medical Board. They should have reported him to the National Practitioner Data Bank."

Instead, after leaving Baylor Plano, Duntsch received temporary privileges to operate at Dallas Medical Center. The suit alleges "Baylor Plano sent a letter of recommendation for Duntsch to Dallas Medical Center [...] stating there were no adverse events or adverse issues associated with Duntsch."

"I had no negative reviews or disciplinary actions," Duntsch told News 8 during a phone conversation last summer. "They wrote me a letter saying that I was in good standing the whole time. There was never any discipline, and I was never, ever reviewed."

A Baylor spokesperson told News 8 last year it did not file any formal complaints about Duntsch.

"Generally speaking, since we did not file any complaints against him, he would have been in good standing when he resigned," said Baylor spokesperson Jennifer McDowell.

In a response filed in the Passmore suit, Baylor denies giving Duntsch a letter of recommendation, and denies all of the key allegations being made in the lawsuit.

"The quality of patient care we provide is of paramount importance to us," McDowell said in a prepared statement for the media. "We take all patient care-related claims very seriously."

According to the lawsuit, after Duntsch left Baylor in "good standing," another of his patients — Floella Brown — died of excessive blood loss.

Another patient suing Duntsch, Jeff Glidewell, said the doctor left him partially paralyzed as well.

Victim after victim (or their surviving families) are all making the same or similar claims — that Christopher Duntsch should have been stopped before he was allowed to operate on them.

"They should have suspended his license until they figured out what was going on, but they didn't," Passmore said.

The lawyers suing Baylor say their cases are made difficult by Texas law, which says they can't just prove Baylor was "negligent." Those lawyers have to prove "malice" — essentially having to prove that Baylor meant to harm patients when they let Duntsch operate on them.

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Source: WFAA (Shipp, 2/10)

Texas accident near Terrell kills three team roping horses

In a serious vehicular accident on Wednesday afternoon, October 30, 2013, a truck hauling U.S. team roping horses in a horse trailer veered off the eastbound Spur 557 merge ramp of IH-20. The big truck continued off the highway, striking a light pole, and jackknifed. The truck rig finally came to a stop, remaining upright, but the horse trailer containing the horses overturned and finally ended up on its side. The large highway light pole fell across one of the lanes of traffic. During the accident, a passenger vehicle became involved in the accident, sustaining some damage but nothing major.

The truck was on its way to Alabama after the U.S. Team Roping Championships in Oklahoma City, Oklahoma. Loaded in the trailer were four roping horses.

The Terrell Police, Terrell Fire, and Terrell Volunteer Fire Departments as well as the Kaufman County Sheriff’s Office responded to the accident scene shortly before 1:00 p.m.

Emergency crews and road crews were able to remove one horse very quickly out of the wreckage. With the use of a tow truck, they managed to extricate the other three horses.

Injuries to the horses took the lives of two animals at the scene early on after the accident. One other horse had to be euthanized due to serious injuries. The fourth horse survived during and after the accident, and was emergency transported to the Equine Veterinary Services in Terrell, Texas, where it is holding its own at this time.

These horses were worth immense sentimental value to everyone involved with them. Reportedly the surviving horse is worth an estimated $200,000.

The driver of the truck survived with a head injury and was treated at the scene of the accident. According to the driver, there was some kind of a vibration sound just before the crash.

During and after the accident, traffic was snarled and backed up to FM148. On the eastbound side, traffic halted as well.

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Source: Examiner (Rucki, 11/01)

Family sues Six Flags just as ride reopens after fatal accident

As Six Flags Over Texas prepares to reopen the Texas Giant roller coaster after a fatal accident in July, relatives of the woman who died have sued the Arlington amusement park.

In a statement Sept. 10, Six Flags announced that its investigation of the July 19 accident - which included the ride manufacturer, Six Flags engineers and outside experts - had ruled out mechanical failure as an accident cause.

"Due to litigation, the company is not releasing any further information about the outcome of the investigation," the statement said.

Also on Sept. 10, representatives of the estate of Rosa Esparza filed suit against Six Flags Entertainment Corp. in Tarrant County's 342nd State District Court, seeking at least $1 million in damages.

According to the complaint filed by her son, Amado Esparza, and others, inspections after the accident showed that various parts of the giant roller coaster's security system were "experiencing inconsistencies and intermittent failures" on the day Rosa Esparza died.

As noted in the complaint, the roller coaster had one safety bar for each seat but no lap belts or shoulder-harness safety belts.

When the ride was in its first steep descent, Esparza's daughter heard screaming behind her and turned to see her mother upside-down, in the process of being thrown out of the car but struggling to hold onto the safety bar "for dear life," the suit stated.

Esparza, 52, was unable to resist the forces of the ride and was thrown against a support piling, falling many feet to the metal roof of a tunnel, the family claims in its suit.

Six Flags has admitted, the suit claims, that, after the accident, it replaced a restraint "limit switch" in a seat in the same car in which Esparza was riding.

As a result of Six Flags' negligence, the suit claims, Esparza was ejected from the ride and fell to her death "while her daughter and son-in-law rode along in horror and while her grandchildren waited for her at the end of the ride."

Six Flags Over Texas did not immediately respond Wednesday to a request for comment on the lawsuit.

Park officials plan to reopen the ride this weekend, the Six Flags announcement said, with new safety measures including redesigned restraint-bar pads from the manufacturer and new seat belts.

Also, the company is providing a "coaster seat" at the ride entrance so guests can test whether they fit in the car before entering the line, the announcement said.

The announcement included the company's condolences for the Esparza family.

"We are heartbroken and will forever feel the pain and sadness of this tragic accident," park president Steve Martindale said in the statement. "The safety of our guests and employees is our company's absolute highest priority and we try to take every reasonable precaution to eliminate the risk of accidents."

According to the company's announcement, the Texas Giant has undergone extensive testing and has received approval from the Texas Department of Insurance to resume operation.

At the time of the accident, the Associated Press reported that the Texas Giant is 14 stories high, has a drop of 79 degrees and a bank of 95 degrees. It first opened in 1990 as an all-wooden coaster but underwent a $10 million renovation to install steel-hybrid rails and reopened in 2011, the AP said.

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Source: Chron (Christian, 09/11)

Larger crowds expected for Republic of Texas Biker Rally 2013

AUSTIN --- Get ready to rumble, Austin! It’s already that time of year again where thousands of Motorcycles flood Austin area streets and highways as they participate in the annual Republic of Texas Biker Rally.

On Wednesday evening a number of downtown Austin businesses had already put out the welcoming signs as they anticipate thousands flooding the central area over the next four days.

“Just a bunch of people wanting to have a good time and enjoy their bikes; wanting to enjoy good food and let loose," said Lillian Knape with Old School Bar & Grill on 6th Street.

About 60,000 people participated in the ROT Rally in 2012. An estimated 200,000 showed up for the big parade on Congress Avenue Friday evening. However the crowds this year are expected to grow by 10 percent.

Organizers with the ROT Rally said Wednesday that the stronger economy is why they are anticipating a larger turnout this year.

“They're good for a lot of local businesses. They spend a lot of money so my suggestion to this is just be patient and be nice, be a good host. We double our staff and our inventory and stay open later. Like I said, it's one of our best nights of the year,” said Moosa Meschin, the owner of Cozzoli’s Pizza on Congress Avenue.

The ROT Rally brought in an estimated $36 million into Austin’s economy last year.

Though the rally begins today, road closures will not take effect until Friday, from 6 p.m. to 3 a.m. for a downtown block party. The party will close off 2nd through 10th streets between Brazos and Colorado streets, as well as Congress Avenue between Cesar Chavez and 11th streets.

The majority of the rally will be held at the Travis County Exposition Center in Northeast Austin.

The city suggests alternative routes going North and South using IH-35, Red River Street to Brazos Street, Colorado Street to Guadalupe Street or Lamar Boulevard, and going East and West on MLK Boulevard, 15th Street or Cesar Chavez Street.

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Source: KVUE (Green, 6/12)

Mother of 12-year-old Tuscaloosa boy killed in wreck files lawsuit against tire manufacturer, car repair shop

BIRMINGHAM, Alabama - The mother of a 12-year-old Tuscaloosa boy killed in a wreck on Interstate 65 has filed a wrongful death lawsuit against the manufacturer and the local distributor of a recently replaced tire on her SUV.

12-year-old Octavious Chandler died in a March 25, 2011, wreck in north Jefferson County. The crash happened about 5:50 p.m. on interstate 65 north in Gardendale. His mother, Julia Chandler, was driving, and Octavious was in the front passenger seat.

The lawsuit was filed Tuesday afternoon in Jefferson County Circuit Court by Birmingham attorneys Jeremy Knowles and Amanda Luker on behalf of Julia Chandler. It claims that Michelin North America Inc. and Amigo Tires, a Tuscaloosa car repair shop, acted "negligently and wantonly" in regards to a tire that "detreaded" while Chandler was driving.

A jury trial is requested to decide whether to award compensatory and punitive damages from Amigo Tire and Michelin.

According to the suit, "defendant Michelin designed, manufactured, distributed and/or sold the Michelin XW4 tire made the basis of this lawsuit. Said tire failed and detreaded, thereby causing the fatal accident."

After the wreck, witnesses told investigators that it appeared the vehicle blew a tire, then lost control and flipped several times before landing in the middle of the interstate.

Octavious was pronounced dead at the scene. His mother and three other passengers - an 8-year-old girl, an 8-year-old boy and a 4-year-old girl - were treated for non-life-threatening injuries.

The lawsuit states that on March 15, 2011, Julia Chandler bought a used Michelin tire that Amigo Tire employees selected from the shop's inventory. The employees installed the tire on her 1997 Ford Explorer.

Ten days later, the tire's tread separated as Chandler was driving, "causing the vehicle to go out of control and rollover several times," the suit states.

It claims that Amigo Tire employees "negligently or wantonly selected" the Michelin tire, "which was over 15 years old, and informed Plaintiff that the tire was safe for travel. In fact, the tire was not fit for use."

When contacted by phone, a man who said he was the manager of Amigo Tire said he wasn't aware of the lawsuit and hung up.

The suit also claims breach of warranty against Michelin, which "impliedly warranted" that the tire "was reasonably fit and suitable for the purposes for which it was intended to be used. The Plaintiff avers that the Defendants breached said implied warranties in that the tire was not fit for the ordinary and expected purposes for which such tires are intended to be used; but to the contrary, said tire was in a dangerously defective and unsafe condition."


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Source: Alabama (Stein, 3/14)

Losing My Leg to a Medical Error

LAST Fourth of July, during a day at the beach, I experienced a sudden pain in my left calf. Two months later, I required an above-the-knee amputation. Compounding my distress was the fact that my doctors had no explanation for why the blood flow to that leg had been cut off. I had none of the usual risk factors for atherosclerosis, the hardening of the arteries. I had low cholesterol and no evidence of diabetes, and I had never smoked. No blood vessels were blocked elsewhere in my body.

It took some further detective work to reveal what must have been the cause. Seventeen years earlier, in 1995, I had surgery on my left Achilles’ tendon. To prevent bleeding during the procedure, a pressurized cuff was placed above my left knee to block the blood flow. Apparently, the cuff was left on too long, injuring the arteries. In the years since, the vessels progressively scarred and calcified, which eventually blocked all blood flow to my lower leg.

I lost my leg because of a preventable error. The loss of a limb is traumatic, and I experience waves of sorrow and regret. I struggle with continual pain in my residual limb, and am trying to learn how to walk with my prosthesis. My work as a physician has been put on hold.

For the past two decades I have been studying how to prevent errors in health care, and the irony of my present predicament strengthens my motivation to continue the quest. No one should ever have to experience such preventable harm.

And yet many people do. Exactly how many, we can’t say, because there is no national registry for injuries or deaths caused by medical errors. Over a decade ago, in the best study of its kind, the Institute of Medicine estimated that there were 44,000 to 98,000 deaths per year because of preventable errors in the American health system. For every death there are likely to be at least 10 serious injuries, so we can assume that roughly a million patients are seriously injured each year.

Despite calls to action by patient advocates and the adoption of safety programs, there is no sign that the numbers of errors, injuries and deaths have improved. Why? Because those responsible for the delivery of health care have been unable to change how they do things.

They could help themselves by embracing the lessons of great manufacturing companies to improve quality and efficiency. Automatic alarm systems and shut-off switches can be designed to make it nearly impossible for caregivers to do the wrong thing. Checklists and specific protocols based on best practices for each procedure can also help.

In my case, if an alarm had alerted the doctor to how long the cuff had been in place, if the cuff had automatically deflated after a period of time, or if a checklist had reminded the doctor to remove it, my leg might never have been injured. Better yet, if the doctors had not used the cuff, which evidence has shown can be dangerous to patients, I would still be walking on that leg today.

Most of all, perhaps, we need better coordination and communication among caregivers. Consider what happened to Mary, my former wife and the mother of our two children. In 1988, she was lying in an intensive care unit with less than a 10 percent chance of survival. Her first symptom, a pain in the sole of her right foot, had seemed so innocent. A neurologist said she had most likely injured a nerve during aerobic dance and the doctor ignored our requests for further tests. But when Mary’s leg began to swell, we sought the help of an internist. She diagnosed thrombophlebitis, inflammation from blood clots. Mary was then admitted to the hospital for a blood thinner, but the medical team gave her too small a dosage. Her clots extended into her lungs. Next she suffered a heart attack, respiratory failure, renal failure and shock.

In desperation we transferred her care to another physician, who finally began treating her with corticosteroids for inflammation of the blood vessels. Over the next 24 hours, Mary’s symptoms reversed and she fully recovered. But we nearly lost her as a consequence of delayed decision-making, poorly coordinated care and a medication error.

Eliminating errors has the added dividend of reducing costs. The cost for treating Mary’s thrombophlebitis should have been $16,000; the complications pushed the cost nearly six times higher. The hospital bill for my leg amputation was approximately $150,000, my prosthesis cost more than $50,000, and I have lost months of work.

The Affordable Care Act has recognized this reality and is creating new reimbursement systems that reward the quality rather than the quantity of care. The act has also empowered an expert panel to create evidence-based treatment recommendations.

I wish I could go back in time and implement these changes before my surgery. But there is no way to turn back the clock. My life will never be the same, nor will the lives of roughly a million other patients who suffer similar preventable injuries each year. But we can make sure that future patients don’t suffer the same life-changing harm.

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Source: The New York Times (Southwick, 2/19)

Road accidents rise as rainfall sets records

In one of at least two weather-related crashes in the area, a Midland man was transported to Midland Memorial Hospital with minor injuries after a wreck on State Highway 349.

Martin County DPS responded to the accident at about 11:40 a.m. on State Highway 349.

Midlander Michael Wade was driving a white pickup pulling a trailer with a backhoe south on Highway 349. A dump truck, also pulling a backhoe, was traveling south behind an SUV that was following the pickup, said Sean Baxter, DPS public information officer.

The pickup hydroplaned and veered right off the highway and then back onto the road. When the pickup came back across the highway, the dump truck hit the pickup’s trailer, he said.

Pickup passenger Mitchell Dinsmorre, of Midland, was transported to MMH with minor injuries. He was treated and released, Baxter said.

The SUV was not involved in the crash.

Citations were not issued because of the weather conditions that contributed to the crash, but DPS is continuing to investigate, he said.

Meanwhile, no one was reported injured Wednesday afternoon after an 18-wheeler hydroplaned into a light pole on Loop 250.

Midland police responded to the crash at about 1:34 p.m. at the 1000 block of West Loop 250 North near the “A” Street overpass.

The 18-wheeler was eastbound on the loop when the vehicle began drifting and jackknifed into a light pole in the median, said an officer at the scene.

The wreck caused significant traffic delays for at least two hours. Again, citations were not issued because of the weather conditions.

Later that afternoon, a two-vehicle crash occurred near the intersection of West Scharbauer Drive and North I Street.

Midland police who responded to the crash at about 3:51 p.m. found an SUV had flipped over. Officers determined that a car traveling northbound on I Street collided with the SUV that was westbound on Scharbauer Drive.

No one was injured, said an officer at the scene. The driver of the Lexus was cited for failure to yield right of way.

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Source: MyWestTexas (White, 1/9)