$3.5M Verdict Upheld Against Hospital for Negligent Blood Clot Treatment

In a recent Texas appellate decision, a three-judge panel upheld a $3.5 million jury verdict against Kelsey-Seybold Medical Group PLLC. The ruling affirmed that Kelsey-Seybold was responsible for negligent treatment leading to severe medical complications for Marc Roberts, a Houston firefighter-paramedic. According to court documents, Roberts visited Kelsey-Seybold’s clinic over a dozen times, seeking treatment for blood clots in his legs. However, the lack of timely and effective care resulted in ongoing health issues, including nerve damage and peripheral artery disease.

During the original trial in September 2022, a jury found Kelsey-Seybold negligent, concluding that the delayed and inadequate treatment led to Roberts’ permanent injuries. The jury awarded him substantial damages for medical expenses and future lost income, which became a focal point in Kelsey-Seybold's subsequent appeal.

The Charges Against Kelsey-Seybold

Kelsey-Seybold faced allegations of medical negligence, with Roberts arguing that the clinic failed to provide appropriate care during repeated visits. His attorneys contended that these failings directly led to the progression of his condition, worsening his physical limitations and resulting in financial and lifestyle repercussions.

Roberts’ legal team argued that Kelsey-Seybold’s inadequate care significantly affected his earning potential as a firefighter-paramedic. The jury agreed, awarding Roberts $961,000 for anticipated future lost earnings and additional sums for medical care costs that would be required over his lifetime.

An attorney for Roberts stated, “It’s shameful that Kelsey-Seybold continues to do everything in their power to avoid paying for their sweeping negligence,” pointing to the substantial evidence that supported Roberts’ claims against the hospital’s lack of due care​.

Potential Damages and Jury Award

The jury awarded Roberts damages across several categories, reflecting the financial and personal toll of his injuries:

• Future Medical Expenses: Roberts was awarded $2.35 million to cover ongoing and future medical needs. This figure was supported by expert testimony from Dr. Elizondo, who prepared a life care plan estimating Roberts’ future care at around $2.6 million, including a potential leg amputation.
• Future Lost Income: The jury awarded Roberts $961,000 for future lost earnings, aligning with testimony from vocational expert Ford, who estimated the range of lost income at between $750,000 and $1.5 million. The court found this estimate reasonable, especially given the permanent injuries that would limit Roberts’ ability to continue his career or find similar employment.

The hospital contested the high costs associated with amputation and long-term medical care, arguing that they were speculative and excessive. However, the appellate court disagreed, finding sufficient evidence that Roberts would likely need substantial care and noting that his income as a firefighter would be significantly impacted due to his condition.

Appeal and Court's Ruling

On appeal, Kelsey-Seybold challenged the awards for future medical expenses and lost earnings, but notably, it did not contest the finding of liability. The appellate court upheld most of the award, siding with Roberts on both the extent of his medical needs and his reduced earning potential. The panel highlighted that Roberts' experts provided credible testimony supporting the need for future medical interventions, including a possible amputation, and that the award amount fell within the expert's estimated range.

However, the appellate court did mandate a slight adjustment in the interest awarded. It determined that the interest rate applied was 0.75% too high, instructing the trial court to recalculate based on a revised 5.5% rate.

The outcome of this case underscores the impact of expert testimony in establishing damages for future medical care and lost income. For Roberts, the verdict is a substantial win, providing financial support for his ongoing medical care and compensating for his diminished earning capacity. Meanwhile, the ruling sets a precedent for the accountability of healthcare providers when negligent treatment results in serious, long-term consequences for patients.

Legal Representation

Marc Roberts was represented by Tommy R. Hastings and Gregory Feste of Hastings Law Firm, and Kimberly S. Keller of Keller Stolarczyk PLLC.

Kelsey-Seybold was defended by R. Brent Cooper and Stewart G. Milch of Cooper & Scully PC, along with H. Kent Twining and Tiffany Johnson from McKinney Taylor PC. Despite their appeals, the court upheld the bulk of the original verdict.