Houston Memorial Hermann Liver Transplant Lawyer

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
September 23, 2024

Did you lose a loved one while they were waiting for a liver transplant from Memorial Hermann’s organ transplant program?

We offer a free consultation and will represent your case at no cost to you.

Free Consultation

We have over 70 years of combined experience
We focus ONLY on medical malpractice Cases
We’ll work tirelessly to get you the best financial recovery
If we don’t win, you don’t pay


“We’re here today in the hope of helping these families get answers.  The loss of their loved ones was devastating, but then to hear later that their loved one might have been deprived of a liver and a chance to live … I can tell you that the second injury they’ve suffered … devastating.”
– Attorney John Davis from press conference held April 30th

Many families who were affected by this tragic situation are researching their legal options.  Many of them may have a case against Memorial Herman and could file a lawsuit to recover the damages their family suffered.  Davis & Davis’s attorneys are here to help these families as they seek justice.

“The timing of liver transplants is critical, and even a single day’s delay can be fatal. The alleged actions of Bynon have not only resulted in direct fatalities but led to the suspension of the kidney and liver transplant programs during the crucial investigation, further risking patient lives,”
– Attorney Steve Davis, Davis & Davis

What we know:  Dr. J. Steve Bynon, Chief of Abdominal Transplantation at Memorial Hermann and U.T. Health in Houston is accused of altering patient profiles so patients would not qualify for liver transplants, leading to the death of numerous patients as they waited for their life saving surgery.  The hospital is in the early stages of their investigation and has shut down their transplant programs, forcing hundreds of liver transplant candidates to seek life-saving healthcare elsewhere.  Hundreds of families are facing uncertain futures and unfortunately many have lost loved ones while waiting for their chance at life.

You have options:  If you are learning about this horrible Memorial Hermann liver transplant news, your family is facing a shock and the realization that your loss and heartbreak may have been avoidable.  Unlike most law firms, we work exclusively with families facing unspeakable sadness at the hands of medically negligent doctors and medical facilities.  

Davis & Davis will conduct a thorough investigation of your situation, to gather the evidence necessary to prove your claim. We have a record of building the strongest possible cases for our clients. We will use our extensive experience to ensure you the best chance of achieving full compensation.

When taking on a powerful hospital, nothing is as important as having an experienced medical malpractice legal team on your side.   If your loved one passed away while waiting for a liver transplant from Memorial Hermann, you have the right to file a claim against them.  Call our lawyers at Davis & Davis today at 713-881-9697 for your free consultation.    

 713-881-9697  |   Call Today To Get Answers To All Your Questions

Are you or a loved one currently on the liver transplant waiting list and wondering what to do next?  Please follow us on Facebook where we will be posting updates to keep you informed.

Credit to KPRC Channel 2 for video of the press conference held April 30, 2024.

Updates:

September 23, 2024 – Documents from the Department of Health and Human Services Centers for Medicare and Medicaid were released this week. According to the 30-page report, Bynan circumvented federal rules to make it unlikely that certain patients would receive an offer for a life-saving organ transplant.
Attorney John “JD” Davis, who represents clients who have filed lawsuits as a result of Bynon’s actions said the report, which he first saw Friday, left him shocked. “It just infuriates me,” Davis said.
 
According to the inspection by the Centers for Medicare and Medicaid Services, patients remained active on the waitlist but were not informed of the changes.


In an interview with the Houston Chronicle on Thursday, John Davis, one of the attorneys representing a family suing Bynon, described the findings in the federal inspection as a “monumental breach of patient trust and safety concerns.”


What Inspectors Found at Memorial Hermann
Regulators reviewed the records of 12 patients in the liver transplant program who were affected by improper changes in the transplant database. Documents show the surgeon manipulated donor acceptance criteria, referring to the standards used to determine whether a donor organ is suitable for transplant for a particular individual.


For transplant candidates, it’s important to receive organs that match certain characteristics, such as blood type or body size.


In this case, Dr. Bynan changed donor criteria for patients in the database to make the criteria more restrictive, often around the time the patient was hospitalized with an illness or seeking treatment, according to the documents.


For instance, while one patient was hospitalized in November 2023 with sepsis, a life-threatening condition, the surgeon changed the criteria so the patient would only receive an organ offer from a child under 6 years old weighing between 70 and 200 pounds.


For another patient, the surgeon created restrictive donor criteria the same day the patient was hospitalized with active bleeding, only accepting organs from children under 8 years old, according to the documents.
Bynon said he was the only doctor at Memorial Hermann who participated in this practice, but Davis believes this was the result of a larger problem within the hospital.
 
In speaking with ABC Channel 13, Davis stated, “I can’t even imagine how this was allowed to happen. It’s mind-boggling that Dr. Bynon was able to go in there and change data without anyone from Memorial Hermann noticing.” Learn More!


May 20, 2024 – The families of five patients who died awaiting liver transplants at Memorial Hermann were granted a temporary injunction Monday, May 20th against Dr. J. Steve Bynon, a surgeon accused of potentially preventing some patients from receiving organs.  295th District Court Judge Donna Roth granted the order which prevents Dr. Bynon from deleting or destroying critical evidence, such as emails and text messages, protecting critical evidence relevant to potential wrongful death claims in the future. The injunction was granted to take the place of a previously issued temporary restraining order in the case, which expired after 14 days.

The temporary injunction will remain in place until at least March 3, 2025, when the sides are tentatively scheduled for a trial.

April 30, 2024 – In a press conference held April 30 with Houston media outlets, the legal team from Davis & Davis announced they are representing several families in their pursuit to find answers.  The attorneys have received inquiries from multiple families seeking guidance and legal advice, as they consider their legal options.

John Davis’s close friend is one of the firm’s clients.  Davis stated, “I went through his son being ill with him, day by day. I went through him being at Memorial Hermann trying to get a transplant and he died,” Davis said. “And when I talked with his father, about two weeks ago, he was so much more distraught than he had ever been through the whole process including his son’s death….Devastated is the word that comes to mind, but that’s just not adequate to describe the state he and his wife are in.”

Representing several families, Davis & Davis filed an intervention, joining a restraining order against Dr. Bynon at Memorial Hermann – Texas Medical Center in Houston to keep him from altering or further manipulating patient files.  The filing will maintain strict security around files to preserve patient data, documents, and other evidence essential to guaranteeing a full discovery.

As more families come forward considering a lawsuit, the lawyers from Davis & Davis want to ensure evidence in the case isn’t destroyed so they can determine what happened, what patient data was manipulated, and why.

“When we get the medical records and we have the opportunity to have liver experts look at the records, we should be able to tell whether or not this person was truly a candidate and whether they were well enough to warrant getting one of these precious livers,” Davis said.

John A. Davis, Jr.

EXPERTLY REVIEWED BY

John A. Davis, Jr. and Steven R. Davis

September 23 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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