How Did Sorrels Law Bypass the 120-Day Expert Report Deadline for a Healthcare Liability Claim?

TO THE HONORABLE JUDGE OF THIS COURT:

Plaintiffs Robert and Deonna Flores, Individually and as Representatives/Guardians of Kelly Flores and Defendants HCA Houston Healthcare Clear Lake (incorrectly sued as HCA Health Services of Texas, Inc, C/HCA, Inc. d/b/a HCA Houston Healthcare Clear Lake), Lisa Nassif Wright, M.D. and Imoigele Aisiku, M.D. (collectively, the “Parties”) file this Second Agreed Motion for Continuance and, in support thereof, the Parties would respectfully show the Court the following:

SUMMARY

This is a healthcare liability claim governed by Chapter 74 of the Texas Civil Practice and Remedies Code.

See Plaintiffs’ Original Petition.  – NO EXPERT REPORT THEN OR WITHIN 120 DAYS OR EVEN TO THIS VERY DAY.

This lawsuit arises from Plaintiffs’ allegations against Defendant in connection with care provided to Kelly Flores at HCA Houston Healthcare Clear Lake on or about September 14, 2019. See id.

Specifically, Plaintiffs complain that Ms. Flores suffered a hypoxic brain injury during the performance of an MRI at the facility. See id.

The case was first filed on September 13, 2021. Trial is currently set for October 2, 2023. Due to the complex medical issues at issue in the case, as well as the multiple fact and expert witnesses in various fields of medicine involved, the Parties agree that the current discovery deadlines and trial setting are unrealistic.

Therefore, the Parties seek a six to nine-month continuance from the current trial setting to fully complete discovery, take remaining depositions, designate testifying expert witnesses, attempt mediation of the case, and ultimately prepare for the trial.

ARGUMENT & AUTHORITY

A case may be continued by agreement. See TEX. R. Civ. P. 247, 251. Plaintiffs and Defendants agree to continue the trial setting of this case.

For these reasons, the Parties request that the Court grant a continuance of the trial setting for six to nine months and reset this matter for trial on September 16, 2024.

The Parties’ motion for continuance is not sought for delay only, but so that justice may be done. This is the Parties’ first request for a continuance.

PRAYER

WHEREFORE, PREMISES CONSIDERED, the Parties respectfully request the Court remove this case from the October 2, 2023 trial docket, grant the Parties’ request for a trial continuance, and for such other and further relief, at law and in equity, to which they may be justly entitled.

Respectfully submitted,

SORRELS LAW
/s/ Sara Hashmi

Randall O. Sorrels
Texas Bar No.: 10000000
randy@sorrelslaw.com

Sara Hashmi
Texas Bar No.: 24090152
sara@sorrelslaw.com

5300 Memorial Drive, Suite 270
Houston, Texas 77007
Telephone: 713-496-1100
Facsimile: 713-238-9500
E-Service: eservice@sorrelslaw.com

ATTORNEYS FOR PLAINTIFFS

Serpe, Jones Andrews, Callender & Bell, PLLC

/s/ Adam Pollock by permission

Nicole G. Andrews
Texas Bar No. 00792335
nandrews@serpejones.com
Adam Pollock
Texas Bar No. 24046644
apollock@serpejones.com
America Tower
2929 Allen Parkway, Suite 1600
Houston, TX 77019
(713) 452-4400 – Telephone
(713) 452-4499 – Facsimile

ATTORNEYS FOR DEFENDANTS,
HCA HOUSTON HEALTHCARE CLEAR LAKE,
LISA NASSIF WRIGHT, M.D., AND IMOIGELLE AISIKU, M.D.

CERTIFICATE OF SERVICE

We hereby certify that a true and correct copy of the foregoing attached instrument has been duly served on counsel of record via certified mail, return receipt requested, facsimile, hand delivery and/or regular mail on August 17, 2023.

Nicole G. Andrews nandrews@serpejones.com Adam Pollock apollock@serpejones.com
Serpe, Jones Andrews, Callender & Bell, PLLC
America Tower
2929 Allen Parkway, Suite 1600
Houston, TX 77019

Attorneys for Defendants, HCA Houston Healthcare Clear Lake,
Lisa Nassif Wright, M.D., and Imoigelle Aisiku, M.D.

/s/ Sara Hashmi

Sara Hashmi

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Sorrels Law on behalf of Sara Hashmi
Bar No. 24090152
eservice@sorrelslaw.com
Envelope ID: 78658598
Filing Code Description: Motion (No Fee)

Filing Description: Second Agreed Motion for Continuance Status as of 8/18/2023 8:34 AM CST

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