Family brings legal action against Houston Medical Center doctor accused of changing data in organ transplant database

Jerry Whittington and his son Joseph

Jerry Whittington and his granddaughter

Jerry Whittington and his wife

Joseph Whittington and his legal team at a press conference

It really hurts to have some hope when he was on the list to receive a transplant and have him taken off not too long after.”

— Joseph Whittington

HOUSTON, TEXAS, USA, April 30, 2024 / — An intervention was filed late Monday by the family of a deceased patient after allegations that Dr. Steve Bynon, Chief of Abdominal Transplantation at Memorial Hermann, made inappropriate modifications to the national patient database for organ transplants.

Among the affected patients was Jerry Whittingon, a father of five, who was diagnosed with non-alcoholic cirrhosis of the liver and placed on the liver transplant list in 2023. He was removed from the list after two months and passed away shortly after that.

“It really hurts to have some hope when he was on the list to receive a transplant and have him taken off not too long after,” Joseph Whittington told reporters.

The suit seeks all damages legally recoverable for the wrongful death of Jerry Whittington.

“We are hopeful that Memorial Hermann will do the right thing for these families, but we are fully prepared to pursue justice through the courts,” attorney JD Davis, Davis & Davis said.

The lawsuit claims that Bynon improperly altered donor acceptance criteria in the database, which include crucial factors such as the age and weight of deceased donors.

“The timing of liver transplants is critical, and even a single day’s delay can be fatal. The alleged actions of Dr. 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 said.

Memorial Hermann has yet to respond to the latest developments in the lawsuit.

CAUSE NO. 2024-26227

About Davis & Davis

Davis & Davis was established in Houston, Texas in 1997 and has handled thousands of complex medical malpractice cases across the country. Partners JD Davis is a member of the elite, invitation-only American Board of Trial Advocates. JD and Steve Davis are also admitted to the Million and Multi-Million Dollar Advocates Forum, an organization in which fewer than 1% of U.S. lawyers are members. Their primary practice areas are Wernicke-Korsakoff Syndrome, anesthesia errors, birth injuries, surgical errors, cardiology malpractice, diagnosis errors, hospital and emergency room liability, and wrongful death. Their notable work includes representing Lindsey Harris, who was in the car when her stepmother, Clara Harris, killed her father. Disclaimer: This press release may be considered Attorney Advertising in specific jurisdictions under applicable legal and ethical regulations.

Amanda Orr
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