Legal Document: FRANTEISHA FONTENOTet al vs. DHC OPCO-CARROLLTON, LLCet al

On July 06, 2021 a DEF'S MOTION FOR CONTINUANCE - MOTION - CONTINUANCE was filed involving a dispute between Fontenot, Franteisha, King, Darren, Pride, Marvin, Wright, Yalonda, and Dhc Opco-Carrollton, Llc, Dynasty Healthcare Management, Llc, Point Click Care Technologies, Inc, Stat X-Ray Of Texas, Inc., Thi Of Texas At Richardson, Llc, for MEDICAL MALPRACTICE in the District Court of Dallas County.

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FILED
1/4/2024 4:03 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Elizabeth Ferguson DEPUTY

CAUSE NO. DC-21-08674

FRANTEISHA FONTENOT; DARREN § IN THE DISTRICT COURT
KING; MARVIN PRIDE and YALONDA §
WRIGHT, EACH INDIVIDUALLY AND §
ON BEHALF OF THE ESTATE OF LINDA §
FONTENOT WILLIAMS, DECEASED, §
§
VS. § 116TH JUDICIAL DISTRICT
§
DHC OPCO-CARROLLTON, LLC d/b/a §
BROOKHAVEN NURSING AND §
REHABILITATION CENTER and §
THI OF TEXAS AT RICHARDSON, LLC §
d/b/a THE VILLAGE AT RICHARDSON § DALLAS COUNTY, TEXAS

DEFENDANT DHC OPCO-CARROLLTON, LLC d/b/a BROOKHAVEN NURSING &
REHABILITATION CENTER’S MOTION FOR CONTINUANCE

COMES NOW, Defendant DHC OPCO-Carrollton, LLC d/b/a Brookhaven Nursing and

Rehabilitation Center, (hereinafter referred to as “Brookhaven”), and files this, its Motion for

Continuance, and would respectfully show the Court the following:

I.
FACTUAL BACKGROUND

1. This case relates to the care and treatment of Linda Fontenot-Williams provided

while she was a patient at multiple facilities in 2019. Plaintiffs filed their Original Petition herein

on July 6, 2021. The case was previously set for trial on February 6, 2023. Thereafter, Co-

Defendant obtained new counsel of record and while Plaintiffs’ counsel agreed to continue that

trial setting, they opposed any and all extensions of deadlines to the Court’s previous scheduling

order signed in this matter on February 20, 2023. See Exhibit “1” attached hereto.

2. This remains the active scheduling order in this case and despite the Plaintiffs

failing to agree to any extensions of the deadlines contained therein, Plaintiffs continued to

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 1
litigate the case, take depositions, and file expert materials well past the deadlines contained

therein.

3. In addition, this case was abated between May 25, 2023 and July 31, 2023 due to

the Plaintiffs’ lack of capacity to act on behalf of the Estate of Linda Fontenot Williams. The

abatement was not lifted until after the Collin County Probate Court entered a Judgment

Declaring Heirship and granting Letters of Administration to Plaintiff Franteisha Fontenot.

4. Thereafter, the Plaintiffs filed a Motion for Continuance regarding the trial setting

which was in place in this case set for September 11, 2023. The Plaintiffs have continuously

refused to agree to extend any deadlines under the previous scheduling order in place, yet

continued to file numerous motions outside the scheduling deadlines previous put into place.

5. The Plaintiffs have continued to take depositions in this case, (i.e., the deposition

of Troy Issacs on November 14, 2023, and Wendy Gores, RN on December 21, 2023), both

outside the discovery period, and the facts and issues have continued to develop in this case.

Defendant Brookhaven has exchanged correspondence with the attorney for Mr. Issacs and

issues remain regarding his compliance with the Subpoena Duces Tecum at his deposition.

Defense counsel does not believe we have received the transcript for Nurse Gores back at this

time.

6. In addition, the Court has also made several recent rulings on experts which have

greatly affected the procedural posture of this case, and for which a Motion for Continuance

may be in order. On October 26, 2023, the Court granted the Plaintiffs’ Motion for

Reconsideration of Defendants’ Motion to Exclude Opinions of Summit Gupta, MD. See

Exhibit “2” attached hereto. Plaintiffs’ medical expert on causation was previously precluded

from testifying in this cases by way of the Court’s Order of May 12, 2023. See Exhibit “3”

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 2
attached hereto. Whereas, the Plaintiffs previously had their expert completely precluded from

testifying at the time of trial in this case, the Court then vacated that Order and allowing the

expert to issue additional opinions which were previously undisclosed in this case, and certainly

were not disclosed within the time frame of the Court’s Scheduling Order in place since February

20, 2023 which is attached hereto as Exhibit “1.”

7. During the course of numerous motions at issue herein, Plaintiffs produced an

additional Affidavit of Summit Gupta, MD dated August 15, 2023, attached hereto as Exhibit

“4.” This Affidavit was not provided to Defendant Brookhaven until October 19, 2023.

8. An additional Affidavit was procured by Plaintiffs by Dr. Gupta dated October 19,

2023, attached hereto as Exhibit “5.” This Affidavit was not provided to Defendant Brookhaven

until November 6, 2023.

9. An additional Affidavit was procured by Plaintiffs from their Nursing Expert

Shannon Alvis, RN on October 19. 2023, which is attached hereto as Exhibit “6.” This Affidavit

was likewise not provided to Defendant Brookhaven until November 6. 2023. These untimely

disclosed opinions were new and different and provided additional opinions from Plaintiffs’

expert that were not designated according to the deadlines imposed by this Court in its

Scheduling Order of February 20, 2023 which is attached hereto as Exhibit “1.”

10. For these reasons, Defendant Brookhaven would show that good cause exists to

continue the February 5, 2024 trial setting to allow Defendant additional time to depose Dr. Gupta

and Nurse Alvis regarding the untimely designated opinions, provide information regarding the

same to its own experts, and allow additional time to formulate opinions in response to the

additional and new opinions from Plaintiffs’ experts. In addition, Defendant Brookhaven seeks

additional time to compel Troy Issac to produce information he was not forthcoming with at his

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 3
deposition in response to Defendant’s Subpoena Duces Tecum to him. Such continuance is made

for good cause and so justice can be done.

II.
ARGUMENT & AUTHORITIES

11. Pursuant to TEX. R. CIV. P. 252, Defendant Brookhaven would show that

additional time is needed to question Dr. Summit Gupta and Nurse Shannon Alvis of their newly

provided opinions which were not disclosed to Defendant Brookhaven until November 6, 2023,

well after the deadline to designate expert opinions as provided under the Court’s Scheduling

Order of February 20, 2023 . Pursuant to that order all expert designations and report deadlines

had already expired for the Plaintiffs. In addition, all expert discover was to close on May 1,

2023.

12. In addition, issues remain with regard to Stat X-Ray employee Troy Issac’s

deposition which was also taken outside the discovery period which was to have been closed on

April 17, 2023. Mr. Issac was deposed on November 14, 2023 and a non-certified transcript of

his deposition was not produced for several weeks thereafter. Issues remain with regard to Mr.

Issac’s responsiveness to the Subpoena Duces Tecum therein.

13. In addition, the Court’s ruling on Plaintiffs’ Motion to Reconsider the exclusion

of Dr. Summit Gupta was not issued until October 26, 2023, completely changing the posture of

the case.

14. Defendant Brookhaven has been diligently defending this case and could not have

anticipated the Plaintiff being allowed to use an expert that had previously been precluded from

testifying at the time of trial. In addition, the Court allowed Plaintiffs to supplement expert

opinions from Nurse Alvis and Dr. Gupta during the course of Plaintiffs’ filings with regard to

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 4
the Motion to Reconsider the exclusion of Dr. Gupta and in response to Defendants’ No Evidence

Motion for Summary Judgment on Gross Negligence.

15 Defendant Brookhaven does not seek this Motion for delay, but so that justice may

be done. The additional time to obtain additional information regarding Plaintiffs’ untimely

designated expert opinions and to allow its own experts additional time to formulate opinions in

response to the same is so that justice may be done. Pursuant to TEX. R. CIV. P. 70, the additional

opinions disclosed by Plaintiffs’ experts in this case have caused Defendant surprise and unfair

prejudice. In the interest of justice, leave should be freely given in order to provide Defendant

Brookhaven an adequate time to question these experts regarding these opinions, and obtain the

necessary information from Mr. Issac which he was not forthcoming with at his deposition.

Furthermore, pursuant to TEX. R. CIV. P. 70, the surprise was as a result of actions taken by the

Plaintiffs, and could not have been anticipated by Defendant Brookhaven in this case, and could

even necessitate costs and expenses as a result of the newly provided information outside the

previously imposed deadlines in this case.

For the foregoing reasons, Defendant DHC OPCO-Carrollton, LLC urges the Court to

grant its Motion for Continuance and continue the case at least 120 days so that these matters can

be resolved. Defendants also seek such other and further relief to which they may show they are

justly entitled.

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 5
Respectfu lly submitted,

QU INTAIROS PR IETO WOOD & BOY ER, P.A.

By:~
FRANK ALVAREZ
State Bar No. 00796122
lhnk.alvarez@qpwblaw.com
WENDY A. McMILLON
State Bar No. 00790100
wendy.mcm i llon@qpwblaw.com

1700 Paci fie Ave, Suite 4545
Dallas, Texas 75201
Telephone: (214) 754-8755

ATTORNEYS FOR DEFENDANT
DHC OPCO-CARROLLTON, LLC DBA
BROOKHAVEN NURSING AND
REHABILITATION CENTER

SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, by Wendy
McMillon, attorney for Defendant on this the 4111 day of January, 2024.

~'f~~~B~ND FOR
THE STATE OF TEXAS

(SEAL)

STACEY N BATES
Notary ID # 0 442022 3
My Commission Expires
June 22, 2027

DEFENDANT BROOKHAVEN'S MOTION FOR CONTINUANCE-- PAGE 6
CERTIFICATE OF CONFERENCE

Counsel for Co-Defendant THI of Texas at Richardson, LLC d/b/a The Village of
Richardson has advised that they are not opposed. Plaintiffs are opposed to the Motion.

/s/ Wendy A. McMillon
WENDY A. McMILLON

APPROVED BY:

/s/ Henry Ramagos (with permission
On behalf of Defendant DHC OPCO-
Carrollton, LLC d/b/a Brookhaven
Nursing & Rehabilitation Center

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 7
CERTIFICATE OF SERVICE

The undersigned certifies that on the 4th of January, 2024, a true and correct copy of the
foregoing document was served in compliance with the Texas Rules of Civil Procedure upon all
counsel of record, as indicated below:

Maria Wormington Lori D. Proctor
David Benford Coleman Proctor
Wormington & Bollinger Wilson Elser Moskowitz Edelman & Dicker
212 East Virginia Street LLP
McKinney, TX 75069 909 Fannin Street, Suite 3300
Telephone: (972) 569-3930 Houston, Texas 77010
Facsimile: (972) 547-6440 (713) 353-2000 – Telephone
Maria@wormingtonlegal.com (713) 785-7780 – Facsimile
David@ wormingtonlegal.com Lori.Proctor@wilsonelser.com
Cole.Proctor@wilsonelser.com
Attorneys for Plaintiffs
Attorney for Defendant
THI of Texas at Richardson d/b/a
The Village at Richardson

Kirk Pittard
Kelly Gibbons
Durham Pittard & Spalding LLP
P.O. Box 224626
Dallas, TX 75222
kpittard@dpslawgrpoup.com
kgibbons@dpslawgroup.com

Additional Counsel for Plaintiffs

/s/ Wendy A. McMillon________
Wendy A. McMillon

DEFENDANT BROOKHAVEN’S MOTION FOR CONTINUANCE -- PAGE 8
EXHIBIT
1
.."i

CAUSE NO. DC-21-0~674

FRANTEISHA FONTENOT; DARREN § IN THE DISTRICT COURT
KING; MARVfN PRIDE and §·
YALONDA WRIGHT,~ACH .. §
INDIVIDUALLY AND ON BEHALF OF §
THE ESTATE:OF LINDA FONTENOT §
WILLIAMS, riECEASED, §
§
v. § 116th JUDICIAL DISTRICT COURT
§
DHC OPCO-qtffiROLLTON, LLC §
d/b/a BROOiqiAVEN NURSING AND §
REHABILITATION
\, :-,;
CENTER and TID §
OF TEXAS A'f RICHARDSON, LLC §
d/b/a THE VILLAGE AT §
· RICHARDSON, § DALLAS COUNTY, TEXAS

AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)

Before the Court is the Parties' Agreed Motion fo~Entry of Amended Sche?uling Order
1

(Level 3): Upon, consideration of the agreed motion-and the applicable lftw, the Court is of the
\

opi~ion that the: same should be and is hereby in all things iGRANTED. It is therefore,

ORDERED, in accordance with the Parties' request, that.the following order will control the

schedule ofthis ·cause:

1. Thls case will be ready and is set for: Jury trial on September 1i, 2023 at 9:00 a.m.
(the "Trial Se~g"). Reset or continuance of the Trial Setting will not alter any deadlines established
in this Order or eiitablished by the Texas Rules of Civil Procedure unless othetwise provided by order.
If not reached as :set, the case may be carried to the next week. · -

Trialann~mncemertts must be made in accordance with rule 3.02 Local Rules oftheCivil Courts
of Dallas Count}~Texas. When no announcement is made for defendant, defendant will be presumed
ready. If plaintiff fails to announce or to appear at trial, the case will be dismissed for want of prosecution
in accordance wHh Rule 165a, Texas Rules of Civil Procedure. ·
-
2. P~·etrial matters will be complete by the following dates:
)

a. ·amended pleadings asserting
new causes of action or defenses.. .. ........... 02/28/2023
i

b. fs.ct discovery closes .................................. 04/17/2023
c. pahy seeking affirmative relief
sh~ll designate experts and '
ni.ust provide reports and CVs ....................EXPIRED

d. p~Jty opposing affirmative relief
shall designate experts and '·
rr~ust provide reports and CVs ....................EXPIRED
0 /
e. · party seeking affirmative relief
sfiali designation of rebuttal experts
aijd must P!ovide reports and CVs ............. EXPIRED
·:~
f. all:. expert discovery closes .........................r 05/01/2023

g. other amended pleadings ............................ 07/28/2023
·". -·

The part,ies may by written agreement alter these deadlines. Amended pleadings
responsive to t}mely ,filed pleadings under this schedule may be filea after the deadline for
amended pleadings if filed within two (2) weeks after the pleading to which they respond. Except
by agreement oj: the party, leave of court, or where expressly authorized by the Texas Rules of
Civil Procedure(: no party inay obtain discovery of information subject to disclosure under Rule
194 by any oth~i form of discovery.
"';'·,
·-· . ,. I

3. Any objection or motion to exclude or limit expert testimony due to qualification of
the expert or reli~bility of the opinions must be filed no later than seven (7) days after the close of
expert discovery 05/15/2023, or·such objection is waived. Such motions must be heard no later than
thirty (30) days !~nor to trial. 06/01/2023. Any motion to compel responses to discovery (other than
relating to factua} matters arising after the end of fact discov~ry) must be filed no later than seven (7)
days after the clo~e of fact discovery 04/24/2023, or such complaint is waived, except for the sanction
of exclusion und?r Rule 193.6
. t
' '
. 4. J\.jotions for summary judgment' or other dispositive motions must be heard no later
than thir,ty (30) gays prior to trial 08/11/2023.

5. lio;ich side may have· 75 hours of depositions and each party may have 50
interrogatories,)ubject to the conditions of Rule 190.3(b)(2) and (3):

6. }io ,additional parties inay be joined more than eight (S) months after the
commencemen{ofthis case (EXPIRED), 'except on motjon for leave showing good cause. This
paragraph does.:not otherwise alter the requirements of Rule 38. The party joining an additional
party shall serve a cop.y of this Order on the • new party concurrently with the pleading joining
that party. : :"
.....

7. .t~e p~rties have already mediated·this case with MIKE PENNICK.
. ~

" .
',. l

8. Foudeen (14) days before the Trial Setting 08/28/23, the, parties shall exchange __.,
designations of:~eposition testimony to be offered in direct .examination and a list of exhibits,
including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not
previously prodt1bed ih discovery; ov~r-designation is strongly discouraged and may be .sanctioned.
Except for recor&s to be offered by way of business record affidavits/each exhibit must be identified
separately and tiRt by category or group designation .
.::,
Ten (10); days before the Trial Setting 09/01/23, the partit!S shall exchange' in writing their
objections\ to th~, opposing party's proposed exhibits, including objections under Rule 193.7, and
deposition testiritony. On _or before ten (10). days before the Initial Trial Setting 09/01/23, the
I. attorneys in ch~rge for all parties shall meet in person to confer on .stipulations regarding the
materials to be &Ubmitted to the Court under this paragraph imd attempt to maximize agreement )
I

-on such matters1 I

By 4p.m.,on the Thursday before the Initial Trial Setting 091()7/23, the. parties shall file with ~he ·
Court the materi~.ls stated in Rule 166(d)-(m), an estima:teofthe length of trial, designation of deposition .
testimony to be qffered ill direct examination, and any motions in limine.. Failure to file ~uch materials )
may result in disvussal for want of prosecution or.other appropriate sanction. A courteSy copy of each
party:s pre-trial rhaterials shall b~ delivered to the Judge's Chambers by 4 p.m. the Thursday before the.
trial setting. ;·, . .
:. ~ ) -
. 9. · A.!pre-trial conference shaH be conducted from 8 a.m. to 9 a.m. th~ morning of
trial on all matter~ the parties could not resolve during their meet an~ confer~' If, after the meet and confer
between counse%~ the 1parties anticipate ·more time will be needed foFa pretrial conference, a pre-trial
conference shal(&e scheduled the week before the trial setting~ ·
'i

SIGNED on .1' I AQ /2023.
~ ?·
~~.. ~\_------------------~-----
.I

Tonya Parker, Judge
~: '

:!
AGREED-

Is/ wENDY MCMILLON
Frank Alvarez I Wendy McMillon
Quintairos, Prietp, Wood & Boyer, P .A.
1700 Pacific Av~nue, Suite 4545
Dallas, Texas 75401
Counsel for D?.fendant DHC OPCO-Carro/lton, LLC d/b/a Brookhaven Nursing and
· Rehabilitation C(!nter

.. i
Isis (~OLEMAN PROCTOR
Lori D. Proctor tColeman M. Proctor
Wilson Elser Moskowitz Edelman & DickerLLP
909I Fannin Street,
.
Suite
. .
3300
'~
Houston,. Texas 77010
Counsel for Defe.~dant
.
THI ofTexas atRichard:son; LLC d/b/a The Village cdRichardson,-

···'-1~)
MarJWormitigton, R.N., JD.
Wormingtn & Hollinger·
- 212 E. Virginia ~treet .~,
McKinney, Tex~s 75069
Counsel for Plaihtiffs

; :

:!
EXHIBIT
2
CAUSE NO. DC-21-08674

FRANTEISHA FONTENOT; DARREN § IN THE DISTRICT COURT
KING; MARVIN PRIDE and YALONDA §
WRIGHT, EACH INDIVIDUALLY AND §
ON BEHALF OF THE ESTATE OF LINDA §
FONTENOT 'WILLIAMS, DECEASED §
§
vs. § t t6T 11 JUDICIAL DISTRICT
§
DHC OPCO-CARROLLTON, LLC d/b/a §
BROOKHAVEN NURSING AND §
REHABILITATION CENTER and THl OF §
TEXAS AT RICHARDSON, LLC d/b/a §
THE VILLAGE AT RICHARDSON § DALLAS COUNTY, TEXAS

ORDER GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION OF
DEFENDANTS' MOTION TO EXCLUDE OPINIONS OF SUMMIT GUPTA. MD

CAME ON TO BE CONSIDERED Plaintiffs' Franteisha Fontenot, Darren King,

Marvin Pride, and Yalonda Wright, Motion for Reconsideration of Defendants' Motion to

Exclude Opinions of Summit Gupta, MD, and after considerit1...gPlaintiffs Motion, Defendants'

response, documents on file, the Comt's record, and the arguments of counsel, the Court finds

that Plaintiffs' Motion to Reconsider is meritmious, is GRANTED, and enters the following

orders:

IT IS ORDERED, ADJUDGED, AND DECREED that the Comt's Order Granting

Defendants' Motion to Exclude Expert Testimony of Summit Gupta, MD, entered on May 12,

2023 is VACATED and withdrawn in its entirety, and has no effect.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants',

DHC OPCO-CaiTollton, LLC d/b/a; Brookhaven Nursing and Rehabilitation Center; and

Dynasty Healthcare, LLC's, Motion to Exclude Opinions of Summit Gupta MD, is in all respects

DENIED.

ORDER GRANTrNG MOTION FOR RECONSIDERATrON OF DEFENDANTS' MOTION TO EXCLUDE OPINIONS OF SUMMIT
GUPTA, MD Pag~ I
IT IS FURTHER ORDERED that any relief not specifically granted herein is denied.

Date:.

ORDER GRANTING MOTrON FOR RECONSIDERATlON OF DEFENDANTS' MOTfON TO EXCLUDE OPINIONS OF SUMMIT
GUPT.-\, ~ID Page 2
EXHIBIT
3
CAUSE NO. DC-21-08674

FRANTEISHA FONTENOT; DARREN § IN THE DISTRICT COURT
KING; MARVJN PRIDE and YALONDA §
WRIGHT, EACH INDIVIDUALLY AND §
ON BEHALF OF THE ESTATE OF LINDA §
--FONTENOT WILLIAMS, DECEASED, §
§
-vs. § 116T:a JUDICIAL DISTRICT
§
. DliC OPCO-CARROLLTON, LLC d/b/a §
BROOKHAVEN NURSlNG AND §
REHABILITATION CENTER and §
- THI OF TEXAS AT RICHARDSON, LLC § . .

d/b/a THE VILLAGE AT RICHARDSON § . DAJ,;LAS COUNTY; tEXAS ·
. ORDER GRANTING MOTION TO EXCLUDE
EXPERT TESTIMONY OF SUMMIT GUPTA, MD

On this day, came to be considered Defendants DHC OPCO-Carrollton, LLC d/b/a .

Brookhaven Nursing and Rehabilitation Center, and Dy:p.a,sty Healthcare, LLC's Motion .to-
• • ' •• 1

Exclude Opinions of Summit Gupta. After considering the motion, the response, the evidence, _.

and argument of counsel, the Court GRANTS the motion.
. - - d~ --~::.~ fr.:J-J~~e.· -""' ~ .... ,,s --ar Wh~.
The Court finds that Summit Gupta, MD's opinions ~'-'\ ~~~j.-J.."~I 'tJ'-'f lA.\l\t. e.-'7'-f year:>. .
3. 0 Cases of ana~etlc deaths, Including those under lnil_illl indi.Jc:&."l and those who do not r-ect:;~Vet following !he anesthesia.
4. 0 Deaths that OCOJr durtng, fol'.cwlng, or as -a result of a·ny diagnostic or ttlerapeu~~ p-oca::lure in the 1"-ospilal.
5. 0 Arry death where the di:seaoe process m$p0(1sib!e Is elthe.- 1.¥0rk related D-" suspk:Jous of being cggrava!eci or aCC<~Iarated si work..
6. 0
Stillbirths and n.ec;;nata! deaths when ma-'.emal inj!.lry has ~'l'ed or Is suspected elthffi' prior ic adm~n or curing deltv-e:y.
7. 0 Mstema! deaths. whether dur!ng or1ollowing da!very and including any deBih \"1/here aixls1:ict1 is suspected.
8. 0 Death of any d'lud un(jer 6 years of age art3/or a fetus welg!"llng 350 grams or more·, aged 20 weelcs or more; haYing shetJm any evldenca ai ftfs
$Ufh
dellvery se b~thing, t=....s1inlj of the heart. p · f_!he umbilical cord. or da_flnl!e movemar.t oholuntary m~es.

{.\l~b D\iu£AS 1J2tJ !(;.·IS -{l1· ltf
N..,alrklo a1 ~-"""' Reviswing ME ert..ne Dato Time
MEDICAL EXAI'•IINER CASE: . . .·
Should this ease be~ to tha Medical bamloer's OffiCe? f"'fYes 0 No .
tf thfs case should be reported to the Medit:al 8:amlner (M~ri O&JD-1500 tslaphone number 940--349-2.870 _optk>il 9. After hours and week d
94C>-349-1540).
Ca:;e Ralsaaed by M-edical Examiner? ()(fYes: 0 No

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Personal Eifects
Blood Sample

BAYLOR SCOTT & WHITE MEDICAL CENTER
CARROUTON
FONTENOT, LINDA F

lilflm•m'' l'i"1'1111111m
CARV# 100423558
CAR-48447 [R~'I'. 0111T)
AUiHC>RlZATIO~ FOR RP..EASE OF DECEASED p,b.TIENT
(MEDiC.'-.L EXA..WN!:~ OO'iiRCAJ10NJORGA/ol TISSUE OON.h..iJO!i)
~MRN. ,t..OM~17J.15120t9_. . Page- 1 of2
BAYLOR MEDICAL CENTER AT CARROLLTON
PATIENT NAME: Fontenot, Linda F ADMIT DATE: 12/15/2019 06:02 PM
MRN / ACCOUNT #: / 100423558 DICTATION DATE/TIME:
DOB / AGE / SEX: / 67Y / F PROVIDER: Allport, Jay

ED DISPOSITION SUMMARY

Outcome: Expired
Time of death: 12/15/19 18:52
Location: Medical Examiner
Condition:
Chief Complaint: Unresponsive, CPR
Diagnosis: Cardiac Arrest
Prescriptions:
Custom Notes:
Attending Physician: Allport, Jay, DO
Private MD:
Mid Level Provider:
Orders: ABG (Arterial Blood Gas), CBC (Complete Blood Count), CXR 1
View XRAY Portable, EPINEPHrine, Calcium Chloride, Sodium
Bicarbonate, EPINEPHrine, EPINEPHrine, Update Allergies, Height, `
Weight in Eclipsys/Clerk, POC - Chem 8
Discharge Instruction:
********************************************************************************

Fontenot, Linda F
Enterprise Patient ID: 1010317155
Medical Record #: 250070891 / Account #: 100423558
TRANSCRIPTION DATE/TIME: 12/16/2019 4:56 PM ED Disposition Summary Page 1 of 1
BAYLOR MEDICAL CENTER AT CARROLLTON
PATIENT NAME: Fontenot, Linda F ADMIT DATE: 12/15/2019 06:02 PM
MRN / ACCOUNT #: / 100423558 DICTATION DATE/TIME:
DOB / AGE / SEX: / 67Y / F PROVIDER: Allport, Jay

ED NURSE NOTES

Presentation:
12/15
18:00 Mechanism of Injury: Unknown. Traumatic Bleeding PTA? No. Trauma nl1
Activation Reason: code. ED Staff: RN neena RN alesha RT caitlin Tech
colin Tech paul. Trauma event details: Injury occurred at home. EMS
Care prior to arrival: Oral (endotracheal) intubation, Placement
confirmed by Jay Allport DO CPR performed by EMS.
18:00 Witnessed Arrest? Yes. Hosp CPR Start Time: 18:00. Personnel present:.nl1
18:03 Transition of care: patient was received from Long-term Care nl1
brookhaven. Presenting complaint: Patient states ems was called and
patient had agonal breathing. pulse check at brookhaven reveal pea.
cpr started.
18:03 Acuity: Level 1 nl1
18:03 Method Of Arrival: EMS (Ground): Carrollton nl1

MSE:
18:32 Financial registration completed. jcs1

Historical:
- Allergies: unknown;
- PSHx: unk;
Historical:
18:15 Social history Smoking status: unknown if patient ever smoked nl1
tobacco. their PREFERRED language is English. Immunization History:
Flu Vaccine - Unknown Pneumococcal - Unknown. Suicide Screen: 1. Over
the past two weeks, have you felt little interest or pleasure in
doing things? Not at all (0). 2. Over the past two weeks, have you
felt down, depressed, or hopeless? Not at all (0). PHQ2 Score: 0.
"Does the patient present with an immediate risk of danger to
others?" No. No. Code Status: unknown. Communicable Disease Screen:
Travel: Have you or any of your close contacts traveled outside of
the USA in the past three weeks? No.
18:37 The history from nurses notes was reviewed and I agree with what is ak4
documented.
19:10 TB Risk/Actions: Unable to complete because patient is unresponsive. amr

Screening:
18:08 Abuse screen: Denies threats or abuse. Denies injuries from another. nl1
18:39 Tuberculosis screening: No symptoms or risk factors identified. Johns nl1
Hopkins Fall Risk Assessment:.

Assessment:
18:00 CPR assessment: unresponsive, pupils fixed ` dilated, no respiratory nl1
effort, intubated, mechanical ventilation, pulses absent w/
compressions. Cardiac rhythm is PEA.

Fontenot, Linda F
Enterprise Patient ID: 1010317155
Medical Record #: / Account #: 100423558
TRANSCRIPTION DATE/TIME: 12/16/2019 4:56 PM ED Nurse Notes Page 1 of 5
BAYLOR MEDICAL CENTER AT CARROLLTON
PATIENT NAME: Fontenot, Linda F ADMIT DATE: 12/15/2019 06:02 PM
MRN / ACCOUNT #: / 100423558 DICTATION DATE/TIME:
DOB / AGE / SEX: / 67Y / F PROVIDER: Allport, Jay

ED NURSE NOTES

18:00 Compressions Compressions resumed at 18:00. nl1
18:00 General: Appears unresponsive. Behavior is unresponsive. nl1
18:02 Cardiac rhythm is PEA. Cardiac rhythm is PEA. Compressions nl1
Compressions resumed at 18:02.
18:05 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:05. nl1
18:07 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:07. nl1
18:10 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:10. nl1
18:12 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:12. nl1
18:14 Cardiac rhythm is pulse regained but irregular. nl1
18:14 Compressions Compressions stopped at 18:14. nl1
18:21 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:21. nl1
18:23 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:23. nl1
18:25 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:25. nl1
18:27 Cardiac rhythm is pulse regained. very faint. pulse irregular. nl1
Compressions Compressions stopped at 18:27.
18:30 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:30. nl1
18:32 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:32. nl1
18:34 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:34. nl1
18:37 CPR assessment: family at bedside. nl1
18:38 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:38. nl1
18:47 Cardiac rhythm is PEA. Compressions Compressions resumed at 18:47. nl1
18:50 Cardiac rhythm is asystole. nl1
18:51 CPR assessment: more family to join at bedside. nl1
18:52 Cardiac rhythm is time of death. nl1
20:18 Continuation note: Family asking to speak with medical examiner. emo
Family would like to have an autopsy done. Per M.E. Hernandez, after
being given the pt's hx, she felt that the pt had died of natural
causes, and an autopsy would not be necessary.

Vital Signs:
18:17 BP 38 / 22; Pulse 89; Resp 19; Pulse Ox 60% on ETT vent; nl1
18:27 Pulse 110; Resp 13; Pulse Ox 0% ; nl1
19:11 BP 0 / 0; Pulse 0; Resp 0; Pulse Ox 0% ; amr

Vitals:
18:18 Unable to complete WILDA because patient is intubated. nl1
18:27 Sepsis Screening: No Further order for Lactate was received at this nl1
time.
19:10 Sepsis Screen: No SIRS criteria identified at this time, No SIRS amr
criteria identified at this time.
20:58 Rectal Temperature: 98.8fahrenheit. amr

Trauma Score (Adult):
18:00 Eye Response: none(0); Verbal Response: none(0); Motor Response: nl1
none(0); Systolic BP: None(0); Respiratory Rate: None(0); Glasgow

Fontenot, Linda F
Enterprise Patient ID: 1010317155
Medical Record #: / Account #: 100423558
TRANSCRIPTION DATE/TIME: 12/16/2019 4:56 PM ED Nurse Notes Page 2 of 5
BAYLOR MEDICAL CENTER AT CARROLLTON
PATIENT NAME: Fontenot, Linda F ADMIT DATE: 12/15/2019 06:02 PM
MRN / ACCOUNT #: / 100423558 DICTATION DATE/TIME:
DOB / AGE / SEX: / 67Y / F PROVIDER: Allport, Jay

ED NURSE NOTES

Score: 3; Trauma Score: 0
19:24 Eye Response: none(0); Verbal Response: none(0); Motor Response: nl1
none(0); Systolic BP: None(0); Respiratory Rate: None(0); Glasgow
Score: 3; Trauma Score: 0

ED Course:
18:00 Maintain field IV. Dressing intact. Good blood return noted. Site nl1
clean ` dry. Gauge ` site: 20 gauge right ac.
18:02 Patient arrived in ED. nl1
18:02 Patient status - Bed Waiting nl1
18:04 Triage completed. nl1
18:05 Patient status - Bed 8 kl1
18:19 Latin, Neena, RN is Primary Nurse. nl1
18:20 Allport, Jay, DO is Attending Physician. jaa
18:20 Pt visited by Allport, Jay, DO jaa
18:20 Pt visited by Allport, Jay, DO jaa
18:33 Bed in low position. Patient's medication allergies reviewed and nl1
updated in MedHost. ED Unit Secretary notified to update allergies in
Eclipsys. Family accompanied patient.
18:56 Allport, Jay, DO is Pronouncing Provider. jaa
19:30 Pt visited by Latin, Neena, RN nl1
19:31 Pt visited by Latin, Neena, RN nl1
20:56 Patient status - Bed 15 amr

Administered Medications:
18:05 Drug: EPINEPHrine 1 mg Route: IVP; Site: right antecubital; nl1
19:30 Follow up: Response: Cardiac rhythm is unchanged nl1
18:06 Drug: Calcium Chloride 1 grams Route: IVP; Site: right antecubital; nl1
19:30 Follow up: Response: Cardiac rhythm is unchanged nl1
18:07 Drug: Sodium Bicarbonate 50 mEq Route: IV; Rate: bolus; Site: right nl1
antecubital;
19:10 Follow up: IV Status: Infusion discontinued amr
19:31 Follow up: Response: Cardiac rhythm is unchanged; IV Status: nl1
Completed infusion
18:11 Drug: EPINEPHrine 1 mg Route: IVP; Site: right antecubital; nl1
19:31 Follow up: Response: Cardiac rhythm is unchanged nl1
18:24 Drug: EPINEPHrine 1 mg Route: IVP; Site: right antecubital; nl1
19:31 Follow up: Response: Cardiac rhythm is unchanged nl1

Outcome:
18:32 Condition: unresponsive nl1
19:11 Patient Expired. Pronounced by Allport, MD. nl1
19:11 Patient expired, discharge instructions not applicable.
19:15 Medical Exa

Case Info

Judge

PARKER, TONYA Track Judge’s New Case

Case No.

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Document Filed Date

January 04, 2024

Case Filing Date

July 06, 2021

County

Parties

ALVAREZ, FRANK Attorney for the Defendant
BENFORD, DAVID LEE Attorney for the Plaintiff
DHC OPCO-CARROLLTON, LLC Defendant
DHC OPCO-CARROLLTON, LLC Defendant
WORMINGTON, MARIA L Attorney for the Plaintiff
DYNASTY HEALTHCARE MANAGEMENT, LLC Defendant
FONTENOT, FRANTEISHA Plaintiff
FONTENOT, FRANTEISHA Plaintiff
GIBBONS, KELLY ELENA BURNS Attorney for the Plaintiff
KING, DARREN Plaintiff
KING, DARREN Plaintiff
MACDONALD, DAVID M Attorney for the Defendant
MCMILLON, WENDY A Attorney for the Defendant
PITTARD, KIRK L. Attorney for the Plaintiff
POINT CLICK CARE TECHNOLOGIES, INC Defendant
PRIDE, MARVIN Plaintiff
PRIDE, MARVIN Plaintiff
PROCTOR, LORI DIANE Attorney for the Defendant
RUBACK, CHAD M. Attorney for the Defendant
STAT X-RAY OF TEXAS, INC. Defendant
THI OF TEXAS AT RICHARDSON, LLC Defendant
THI OF TEXAS AT RICHARDSON, LLC Defendant
WIESE, ARLENE A Attorney for the Defendant
WORMINGTON, MARIA L Attorney for the Plaintiff
WRIGHT, YALONDA Plaintiff
WRIGHT, YALONDA Plaintiff
Megan Pharis Attorneys for Defendants
J. Hlavinka Attorneys for Defendants
Michael Webb Attorneys for Defendants
Paul Preston Attorneys for Defendants
Collin Kennedy Attorneys for Plaintiffs
Coleman Proctor Attorneys for Defendants
Susan Periquet Attorneys for Plaintiffs

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