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Photo of Brazoria County

Court

Brazoria County

Texas

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Case Information

Filed 2023-04-24
Status Disposed
Type Injury Or Damage Medical Malpractice
Docket 86 entries
Disposition final judgment

Parties

Plaintiff Teaff, Natasha
Defendant Backstrong Chiropractic Clinic, Inc.|Richardson, Darrin, Dc
Photo of Hon. Hill Greg

Judge

Hon. Hill Greg

Brazoria County (TX)

Texas

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Lawyers

Docket Entries

  1. Certificate Reporter's Certificate/Filing Certificate Oral/Videotaped Deposition of Patrick McCormick, M.D.
  2. Request Process Request Form - Darrin
  3. Request Process Request Form - Clinic
  4. Citation Richardson, Darrin, DC Served 05/04/2023 Backstrong Chiropractic Clinic, INC. Served 05/16/2023
  5. Answer Defendants' Original Answer and Demand for Jury Trial
  6. Jury Fee Paid
  7. Service Returned - Served 05/16/2023 (#254690)
  8. Service Returned - Served 05/04/2023 (#254689)
  9. Notice of Intention to Take Deposition by Written Questions
  10. Notice Plaintiff Natasha Teaff's Notice of Filing Affidavits
  11. Notice of Intention to Take Deposition by Written Questions
  12. Answer Defendants' First Amended Answer and Demand for Jury Trial
  13. Notice of Intention to Take Deposition by Written Questions
  14. Notice of Intention to Take Deposition by Written Questions
  15. Certificate Reporter's Certification Deposition of Natasha Teaff
  16. Request for Trial Setting
  17. Proposed Agreed Level 3 Scheduling Order - Trial set for 02/10/2025
  18. Notice of Intention to Take Deposition by Written Questions - RE: Airrosti Rehab Centers (Medical)
  19. Notice of Intention to Take Deposition by Written Questions
  20. Proposed Supplemental Proposed Agreed Level 3 Scheduling Order
  21. Judicial Docket Entry Supplemental Proposed Agreed Level 3 Scheduling Order Signed, GH
  22. Docket Control Order Trial set 02/10/2025 - Signed 03/18/2024
  23. Notice of Intention to Take Deposition by Written Questions RE: Gulf Coast MRI & Diagnostics (Radiology (X-Ray Films))
  24. Notice of Filing Affidavits
  25. Notice of Delivery RE: HCA Houston Healthcare Clear Lake (Medical)
  26. Notice of Intention to take Deposition by Written Questions
  27. Notice of Intention to Take Deposition by Written Questions
  28. Supplemental Defendants' Supplemental Expert Disclosures
  29. Certificate Reporter's Certificate Oral and Videotaped Deposition of Darrin Richardson, D.C.
  30. Petition Plaintiff's First Amended Original Petition
  31. Motion Agreed Motion for Continuance
  32. Motion Hearing (1:00 PM) (Judicial Officer Hill, Greg) Mtn. for Continuance Set for Hrg. 1/24/25 @ 1:00 p.m.
  33. Proposed Order Granting Motion for Continuance
  34. Order Granting Continuance
  35. Correspondence to the Clerk with Notice of Filing Affidavits
  36. CANCELED Jury Trial (9:00 AM) (Judicial Officer Hill, Greg) Reset Case Set for Jury Trial 2/10/25 @ 9:00 a.m.
  37. Deposition Certificate Reporter's Certification Deposition of Robb Russell, D.C.
  38. Proposed Second Supplemental Proposed Agreed Level 3 Scheduling Order for August 2025 Trial Setting
  39. Petition Plaintiff's Second Amended Original Petition
  40. Judicial Docket Entry Signed AGreed DCO. gh
  41. Agreed Docket Control Order Trial set 08/11/2025 - Signed 03/05/2025
  42. Certificate Reporter's Certification Deposition of Spiros Blackburn, M.D. January 3, 2025
  43. Objection Defendants' Objections and Responses to Subpoena Duces Tecum for Dr. Joel Meyer
  44. Notice Supplemental Deposition Transcripts
  45. Objection Defendants' Objections and Responses to Subpoena Duces Tecum for Dr. Kurt Juergens
  46. Certificate Reporter's Certificate/Filing Certificate Oral Deposition of Joel Meyer, M.D. April 16, 2025
  47. Notice Defendant's Pretrial Disclosures
  48. Motion Unopposed Motion for Leave to Dispense with Mediation Requirement
  49. Proposed Order Granting Unopposed Motion for Leave to Dispense with Mediation Requirement
  50. Judicial Docket Entry Signed Agreed Order Granting Mtn. to Dispense with Mediation Requirement. gh
  51. Motion Plaintiff's Motion to Exclude Expert Testimony Relying on Meta Analysis
  52. Notice of Hearing on Motion to Exclude - 07/29/2025 1pm
  53. Proposed Order Excluding Expert Testimony Relying on Meta-Analysis
  54. Order Granting Motion to Dispense with Mediation Requirement - Signed 07/22/2025
  55. Motion in Limine/Motion to Exclude Made by Plaintiff
  56. Motion in Limine/Motion to Exclude Made by Plaintiff
  57. Certificate Reporter's Certificate/Filing Certificate Oral Deposition of Kurt Juergens, D.C. May 22, 2025
  58. Request for Witness Subpoena
  59. Exhibit List Defendants' Exhibit List
  60. Proposed Defendants' Proposed Jury Charge
  61. Motion Defendant's Motion in Limine
  62. Proposed Order on Defendant's Motion in Limine
  63. Subpoena Douglas, William Allen, Sr. Unserved
  64. Response Defendant's Response to Plaintiff's Motion to Exclude Expert Testimony Relying on Meta Analysis Under Daubert and Rule 702
  65. Correspondence to the Clerk with Exhibit E Declaration of Dr. McCormick
  66. Motion for Nonsuit as to Defendant Backstrong Chiropractic Clinic Inc
  67. Proposed Plaintiff's Proposed Charge
  68. Jury Trial (9:00 AM) (Judicial Officer Hill, Greg) Case Set for Jury Trial 8/11/25 @ 9:00 a.m.
  69. Motion Hearing (9:00 AM) (Judicial Officer Hill, Greg) Daubert Mtn. Set for Hrg. 8/11/25 @ 9:-00 a.m. 07/29/2025 Reset by Court to 08/11/2025
  70. Correspondence to the Clerk with Exhibit C Declaration of Dr. Juergens
  71. Order on Defendant's Motion in Limine
  72. Judicial Docket Entry Parties called for trial, and to take up pre-trial matters. Present for plaintiff, attorney Cary Toland, and for defendant, attorney Michelle Quattlebaum. Pre-Trial matters taken up: 1) Pre-admitted exhibits = plaintiff and defendant agree to pre-admit each others exhibits with the exception of the matter surrounding plaintiff's prior medical records (specifically, the informed consent page, Defense exhibit #8), which we will take up during trial outside the presence of the jury; 2) Defendant's Mtn. in Limine agreed to by plaintiff; Plaintiff's Mtn. in Limine objected to by defendant only as to the issue of prior consent to treatment by plainitiff with prior chiro care (Same issue to run with trial, as #1 above); 3) 702 Hrg. = Plaintiff's Mtn. to Exclude Defendant's Expert (Testimony based on an article addressing the issue of Causation) -- Ordered that meta-analysis report is not to be the sole basis for Defendant's expert testimony, as to causation; Plaintiff submitted Motion for Nonsuit, as to "Backstrong Chiropractic Clinic, Inc." only, but no order attached. Nonsuit granted orally. Voir dire begins @ 10:55am; Venire seated and instructed; Plaintiff begins voir dire @ 11:04am; Lunch break @ 11:50am. Defendant begins voir dire @ 1pm. Plaintiff/Defendant agreed challenges for cause: 10, 16, 23, 34 and 35; Excused: 3, 25, 32 Not qualified: 26 (English) Jury and (1) alternate seated, and instructed. Afternoon recess @ 2:40pm. GH
  73. Jury Selected (OCA)
  74. Swear & Impanel Jury (OCA)
  75. Clerk's Worksheet
  76. Judicial Docket Entry Trial begins w/ jury present and seated @ 9:10am. Rule invoked by defendant. Plaintiff begins opening statement @ 9:17am; Defendant begins opening statement @ 9:34am. Mid-morning break @ 10am. Plaintiff's exhibits #s 1- 22 pre-admitted. Defendant's exhibits #s 1-7, 11, and 13-21 are pre-admitted. Plaintiff calls 1st witness, Natasha Teaff; Lunch break @ 11:52am. Trial resumes w/ jury present and seated @ 1pm; Mid-afternoon break @ 2:15pm. Trial resumes w/ plaintiff's 2nd witness, Dr. Robb Russell; Afternoon recess @ 3:23pm. GH
  77. Judicial Docket Entry Trial resumes w/ jury present and seated @ 9am. Plaintiff calls 3rd witness, Dr. Spiros Blackburn; Mid-morning break @ 9:50am. Testimony resumes with plaintiff's 3rd witness, Dr. Spiros Blackburn (Plaintiff's exhibit #23 admitted -- marked up imaging slides); Plaintiff calls 4th witness, William Douglas (Plaintiff's father); PLAINTIFF RESTS. Mtn. for Directed Verdict taken up outside the presence of the jury. Mtn. is denied. Lunch break @ 11:05am. Trial resumes with jury present and seated at 12:30pm. Defense calls 1st witness, Darrin Richardson, D.C.; Afternoon recess @ 2:10pm; GH
  78. Judicial Docket Entry Trial resumes outside the presence of the jury to discuss defense exhibit #8 and its admissibility. Defense exhibit #8 is admissible. Trial resumes with jury present and seated @ 9:05am. Testimony resumes with 2nd witness for the defense, Dr. Joel Meyer; Mid-morning break @ 10:16am. Defendant calls 3rd witness, Kurt Juergens, D.C.; Jury excused for the day @ 12pm. Informal charge conference conducted outside the presence of the jury. Afternoon recess @ 12:55pm. GH
  79. Proposed Jury Charge
  80. Judicial Docket Entry Formal charge conference conducted outside the presence of the jury. Trial resumes w/ jury present and seated @ 9:15am. Defense calls 4th witness, Dr. Patrick McCormack; DEFENSE RESTS. EACH SIDE REST/CLOSE. Charge read to the jury. Mid-morning break @ 10:38am. Plaintiff begins closing arguments at 10:55am; Defense closes at 11:35am. Plaintiff rebuttal argument @ 12:15pm. Jury begins deliberations at 12:30pm (with lunch ordered in). Verdict returned at 12:59pm, and was unanimous, as to questions (below): 1. Answer as to whether negligence of Defendant proximately caused Plaintiff's injury was __NO__. 2. Answer as to whether the defendant failed to disclose risks/hazards with treatment was _NO___. 3. Answer as to whether a reasonable person would have refused treatment with such risks was ____. 4. Answer as to whether plaintiff was injured by the occurrence of risks/hazards of which she was not informed __NO__. 5. Answer as to dollars/cents for damages: a) Medical (past) __N/A__. b) Physical pain and mental anguish (past) __N/A__. c) Physical pain and mental anguish (future) __N/A__. d) Physical impairment (past) __N/A__. e) Loss earning capacity (past) _N/A___. Jury released, and discharged of their duty. GH
  81. Charge of the Court Read to the Jury
  82. Court's Charge - Jury Verdict
  83. Motion Defendant, Darrin Richardson, D.C.'s Motion for Entry of Final Judgment
  84. Proposed Final Judgment
  85. Judgment #104816715
  86. Court Reporter's Evidence Submission Form 08/11/2025 - 08/15/2025 Jury Trial

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