ETMC negotiates $9M cash settlement to end lawsuit

ETMC negotiates $9M cash settlement to end lawsuit

SMITH COUNTY, TX (KLTV) - An East Texas man will receive $9 million after reaching an agreement with a Tyler hospital in a negligence lawsuit.

A jury this week awarded the man $43 million as the result of a lawsuit against East Texas Medical Center and physicians Dr. Gary Boyd, Dr. David Lundy and Dr. Elias I. Fanous Jr.

Billy Pierce, who was 62 at the time of the incident, was in an induced coma for more than a month and allegedly abandoned by Dr. Boyd and the hospital, according to Pierce's attorney.

An ETMC representative said that after the verdict, both parties reached an agreement.

According to the agreement, ETMC will pay Pierce $9 million within 30 days.

The jury found the hospital was "grossly negligent in its retention and supervision of a doctor on probation whose abandonment and improper care led to a patient's complete loss of his quality of life and ability to provide for his family."

A statement released by Pierce's attorney detailed the jury results. Read the full statement below. KLTV is reaching out to ETMC for comment.

From the law office of Martin Walker

Martin Walker PC lawyers win gross negligence finding, $25M in punitive damages

TYLER, Texas – A jury has awarded a $43.32 million verdict against Tyler-based East Texas Medical Center and one of its doctors, finding the hospital grossly negligent in its retention and supervision of a doctor on probation whose abandonment and improper care led to a patient's complete loss of his quality of life and ability to provide for his family.

In reaching the gross negligence verdict, jurors agreed that the hospital had put its patients in extreme risk by allowing Dr. Gary Boyd to treat them even though the Texas Medical Board had placed him on probation which automatically suspended his hospital privileges pursuant to the hospital's bylaws and policies.

Lawyers from Tyler-based Martin Walker PC argued the hospital's bylaws should have prevented Dr. Boyd from treating 61-year-old Billy Pierce who was hospitalized with stomach pain and vomiting in April 2014. Jurors heard testimony that Dr. Boyd erroneously concluded that Mr. Pierce had an anatomical abnormality that made it impossible to surgically remove bile duct stones.

Mr. Pierce was in an induced coma for more than a month and effectively abandoned by Dr. Boyd and the hospital, the Martin Walker trial team argued. When the hospital finally sought a second opinion, the new doctor rejected Dr. Boyd's diagnosis and performed surgery without complication.

"Hospitals have a supreme duty to provide safe and effective care to patients, and that duty must come before everything else," said Martin Walker attorney Reid Martin, who along with name partner Jack Walker and attorney Marisa Schouten represented Mr. Pierce. "By allowing a dangerous doctor, who had lost his hospital privileges to continue to treat patients, this was a tragedy waiting to happen."

Dr. Boyd was put on probation in June 2013 after the Texas Medical Board found glaring deficiencies in his treatment of a patient in a case similar to Mr. Pierce's. In that matter, the medical board found that Dr. Boyd failed to adequately document a patient's records, inaccurately diagnosed the patient, and performed medically unnecessary procedures. For example, the board found that Dr. Boyd had inaccurately described the location of a patient's ulcer and claimed that he had performed multiple biopsies to test for cancer when he had not.

The jury verdict included $18.57 million for past and future pain, anguish, loss of earning capacity, and medical care and expenses. The jury found that the hospital was 90 percent liable for the damages, while Dr. Boyd was 10 percent liable. With the gross
negligence finding, the jury ordered $25 million in exemplary damages, finding that the hospital's conduct involved an extreme risk of potential harm to others.

The case is Billy Pierce v East Texas Medical Center and Dr. Gary Boyd and the ETMC Digestive Disease Center, Cause No. 16-0853-C in the 241st District Court in Smith County.