Galveston, Texas (JusticeNewsFlash.com) – Yes, you read the headline right. After a stroke in January 2007, Marvin Simmons consented to having an eight-inch by four-inch piece of his skull removed in order to relieve pressure on his brain. The piece was to be stored in a bone bank while Simmons healed.
Doctor Haring J.W. Nauta at UTMB who performed the craniotomy for decompression, had scheduled Simmons for a cranioplasty on May 3, 2007. Yet, his cranioplasty was canceled three times and the doctors were stalling. Finally, Doctor Nauta stated that during the first process, the piece of bone had been ‘lost.’ Mr. Simmons’ cranioplasty was performed with titanium mesh instead.
Now in the lawsuit, Mr. Simmons is seeking damages for his ‘pain and anguish, mental anguish, physical disfigurement and physical impairment.’ He has also demanded a trial by jury. The plaintiff’s counsel / Houston medical negligence lawyer Tony Buzbee wrote in the suit, “This is not a case for medical malpractice, but rather a case alleging carelessness, gross negligence, and breach of a medical practitioner’s fiduciary duty to the patient.” Buzbee stated that it is not about the money, for no sum could ever replace a part of a man’s skull, it is about ‘tightening internal procedures within’. It is unexplainable how the piece of a man’s skull is misplaced in such a place as a hospital, each with their list of rules and regulations, yet it is not a perfect world, and all UTMB and physicians can do is comply with Simmons present and future wishes and needs.
Jana Simard is a contributing writer for Justice News Flash with degrees in Political Science and Spanish. Born in Canada, but raised in sunny south Florida, Jana had an early passion for writing. During her high school and college years she interned at a Florida Congressman's office as well as a Rhode Island Governor and Senator's office. While in her last two years of college, Jana spent six months in Salamanca, Spain where she truly discovered her passion for writing and had her articles published in her school's newspaper. Her experience in two Providence high profile law firms has equipped her with the ability to write for Justice News Flash as a Legal Reporter.