Steward medical group8/31/2023 ![]() ![]() ![]() failed to closely monitor Bobby’s Celexa at a reduced dose after being told by a member of Bobby’s family that Bobby was suffering from symptoms Dr.failed to warn Bobby about the increased risk of suicide associated with Celexa during the office visit and after learning several days later from one of Bobby’s family members that he seemed confused,.failed to properly screen Bobby for depression and assess his risk of suicide before prescribing Celexa,.failed to assess and account for Bobby’s past medical history in prescribing a treatment plan that involved Celexa,.failed to prescribe Bobby an appropriate starting dose of Celexa and instead, gave him four times the recommended starting dose under FDA dosing guidelines,.2 to dismiss and the plaintiffs’ response, Celexa comes with warnings, including one stating: “Patients of all ages who are started on antidepressant therapy should be monitored appropriately and observed closely for clinical worsening, suicidality, or unusual changes in behavior.” In the lawsuit, the plaintiffs alleged Dr. § 71.021(a) (under the Texas Survival Act, a “cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person”). § 71.002(b) (under the Texas Wrongful Death Statute, a person is liable “for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default”) id. Lee learned from one of Bobby’s family members that Bobby was confused after starting the Celexa. They also alleged that several days after Bobby started taking the medication, Dr. Lee failed to warn Bobby about the increased risk of suicide they claimed is associated with antidepressants like Celexa. In their suit, the plaintiffs alleged that Dr. ![]() Lee during an office visit on October 23, 2018. 2 According to the Plaintiffs’ Original Petition, Bobby died from an adverse side reaction to Celexa, an antidepressant prescribed by Dr. John Lee and Steward Medical Group under the Texas Wrongful Death and Survival Act and alleged they negligently caused Bobby Fosha’s death. Background Michelle Armstrong (as the executor of the Estate of Bobby Fosha) and Peggy Fosha (Bobby Fosha’s widow) sued Dr. We conclude that since no abuse of discretion occurred, the trial court’s order denying the defendants’ motion to dismiss should be affirmed. 1 interlocutory appeal, we must decide whether the trial court abused its discretion by denying the objections the defendants lodged to the plaintiffs’ Chapter 74 reports claiming the plaintiffs’ reports did not represent a good faith effort to provide the reports required by the Act. D-205,748 _ MEMORANDUM OPINION The Texas Medical Liability Act requires trial courts to dismiss lawsuits alleging a healthcare liability claim unless the plaintiffs, shortly after they file the suit, serve the defendants with a report that is “an objective good faith effort to comply” with the expert-report requirements in Chapter 74 of the Act. MICHELLE ARMSTRONG, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BOBBY FOSHA, AND PEGGY FOSHA, Appellees _ On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. 09-20-00243-CV _ STEWARD MEDICAL GROUP D/B/A PERMIAN PREMIER HEALTH SERVICES AND JOHN LEE, Appellants V. In The Court of Appeals Ninth District of Texas at Beaumont _ NO. ![]()
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