A lawsuit against Texas Spine & Joint Hospital can move forward after an appeals court in Texas reversed a previous ruling, according to court documents.
Four details:
1. Bennie Grismore underwent a failed spinal cord stimulator procedure at Tyler-based East Texas Medical Center in March 2008, then received a new battery at the Tyler-based Texas Spine & Joint Hospital in 2015. The patient is suing both hospitals and Medtronic, whose devices were involved in both procedures.
2. Mr. Grismore's lawsuit against TSJH alleges the hospital was negligent for stocking the Medtronic RestoreSENSOR SureScan MRI 97114 battery — which had been recalled in November 2014 — and implanting the device during his 2015 surgery.
3. Based on an expert report from TSJH's Terrence Shaneyfelt, MD, the Court of Appeals for the 12th District in Texas determined that Mr. Grismore's negligence claim against TSJH wasn't "frivolous." The ruling means the case could go to trial.
"Dr. Shaneyfelt's amended report adequately outlines the standard of care applicable to TSJH as to its possession of the Medtronic battery after its recall, the breach of that standard of care, and the causal connection between that breach and the harm suffered by Grismore when a recalled Medtronic battery was surgically implanted during his 2015 surgery at TSJH," court documents said.
4. When Mr. Grismore originally filed the lawsuit against TSJH in 2017, TSJH argued Dr. Shaneyfelt wasn't qualified to discuss whether it breached the standard of care. A summary judge ruled in favor of TSJH, but that was overturned by the appeals court's decision.