John Kimber and Shawn Kimber, individually, and as next friends of Julia Kimber, a minor v. E. B. Sideris, M.D.

Medical malpractice and products liability - Action was brought by the Kimbers against Dr. Sideris and others as a result of events that occurred between July 6, 1995 and July 9, 1995, which allegedly caused paraplegia to the then 13-year-old Julia. Julia was born with a heart condition known as coarctation of the aorta which results in high blood pressure in the upper portion of the body and low blood pressure in the lower portion of the body. Doctor Sideris, Julia's pediatric cardiologist since she was a small child, performed an angiogram in anticipation of surgery to correct her coarctation. The first of two surgeries, both performed by Dr. John Baay, a heart surgeon recommended by Dr. Sideris, occurred on July 6, 1995. Early on the morning of July 9, 1995, while Julia was not in the Intensive Care Unite (ICU), but under general floor care, she experienced a respiratory episode requiring her transfer to ICU, where she was placed on a ventilator. Later that day, concerned that a significant gradient in Julia's blood pressure from the upper to the lower extremity of her body had caused her respiratory problems, Dr. Sideris and Dr. Baay agreed that a second surgery was necessary to correct the gradient to be able to remove Julia from the ventilator. According to the summary judgment evidence, Dr. Sideris was present in the operating suite during the second surgery on July 9. Doctor Baay, assisted by Dr. Masoud A. Alzeerah, revised the problem area of the aorta with a large patch graft. However, because the large patch did not correct the gradient, Dr. Baay utilized two additional patches which required with each attempt the (1) cross-clamping of the aorta to stop blood flow and permit Dr. Baay to see what he was doing, (2) opening the patch, (3) adding another piece, (4) suturing the patch, and (5) removing the clamps. Before the surgery was completed, Julia suffered cardiac arrest from an air embolus, and after being resuscitated, Dr. Baay decided to terminate further surgical procedure on the aorta and closed Julia's chest. Following this second surgery, it was discovered that Julia was paralyzed below her waist. As a result of the events leading to Julia's paraplegia, the Kimbers filed suit against numerous defendants, including Dr. Sideris, whom they allege was negligent by eleven specific acts or omissions which proximately caused Julia's injuries and damages. In response to the foregoing allegations, Dr. Sideris filed by one instrument, a traditional motion for summary judgment as well as a no-evidence motion for summary judgment. Following a hearing on the motions held on May 20, 1998, the trial court announced that it would read the motions and rule on them later.

On May 22, 1998, the trial court signed its order granting summary judgment in favor of Dr. Sideris and severing the claims against the other defendants into a separate cause of action.

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Following appeal by Kimbers, Court of Appeals for Texas, Seventh District, at Amarillo, concluded that summary judgment in favor of Dr. Sideris that the Kimbers take nothing was improvidently granted. Case reversed and remanded. The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.