Michele Dierschke filed a medical malpractice lawsuit in the 51st Judicial District Court under Cause No. A250355C, naming Dr. Deborah R. Hajovsky, Shannon Medical Center, and Dr. Kendall Miller as defendants. According to court documents, the plaintiff alleges a bowel perforation occurred during an elective laparoscopic hysterectomy, leading to severe complications, multiple failed surgeries, and sepsis.
Timeline of the Elective Laparoscopic Hysterectomy and Alleged Bowel Injury
The legal petition states that Dr. Deborah R. Hajovsky performed an elective laparoscopic hysterectomy on Feb. 20, 2024, at a Shannon Medical Center hospital. This procedure followed an emergency appendectomy that Michele Dierschke underwent in January 2024. According to the court filing, Hajovsky perforated Dierschke’s bowel during the February procedure in an area located outside the normal surgical field.
Dierschke returned to the hospital five days later on Feb. 25, 2024, experiencing severe abdominal pain, and was subsequently admitted. Over the course of three days, her clinical condition deteriorated significantly until she developed sepsis, according to the lawsuit.
Did you know?
Chapter 74 of the Texas Civil Practice and Remedies Code regulates medical liability claims by establishing caps on non-economic damages, requiring early expert reports, and enforcing strict pre-suit notice rules to protect healthcare providers from high litigation costs.
Hospitalist Care and Delayed Consultations Alleged
From Feb. 26 through Feb. 28, 2024, Dr. Kendall Miller served as Dierschke’s hospitalist at Shannon Medical Center. The plaintiff’s petition alleges that Miller failed to recognize bowel perforation was high on the differential diagnosis, given her recent surgical history and presenting symptoms. Furthermore, the filing states that Miller delayed requesting surgical or gastrointestinal consultations until Feb. 28, and instead instructed hospital staff to advance the patient’s diet.
Subsequent Surgeries and Medical Transfers
Surgeons explored Dierschke’s abdomen on Feb. 28, 2024, discovered the perforation, and attempted a surgical repair that ultimately failed. A second repair attempt on March 4, 2024, was also unsuccessful. On March 8, 2024, Dierschke was transferred to St. David’s, where she underwent another operation on March 12, 2024. Following drain placements and targeted antibiotic therapy, she was discharged on March 25, 2024. The petition states that she suffered peritonitis, septic shock, a bowel resection, and sustained a permanent scar running from her chest to her pelvis.
Legal Defenses and Chapter 74 Protections
In response to the lawsuit, Dr. Deborah R. Hajovsky filed an answer in October 2025, generally denying the allegations and asserting multiple statutory defenses under Chapter 74. These include limitations on non-economic damages, proportionate responsibility, and claims that any injuries stemmed from pre-existing conditions or intervening causes. Shannon Medical Center has also denied the claims and raised parallel defenses. Dr. Kendall Miller filed his answer on June 26, denying the allegations, specially excepting to the damages pleading, and asserting intervening causes, pre-existing conditions, and Chapter 74 protections. All named defendants have demanded a jury trial.
Upcoming Court Dates and Trial Schedule
A proposed order on an agreed motion for continuance was filed on July 23, and a motion hearing scheduled for July 31 on a motion to quash was canceled. Presiding Judge Carmen Dusek has scheduled a pre-trial hearing for 9 a.m. on October 19, 2026, followed by a jury trial set for 8 a.m. on November 2, 2026.
Frequently Asked Questions
What court is handling the Michele Dierschke lawsuit?
The case is filed in the 51st Judicial District Court under Cause No. A250355C.
Who are the defendants named in the petition?
The petition names Dr. Deborah R. Hajovsky, Shannon Medical Center, and Dr. Kendall Miller.
Judge Carmen Dusek has set the jury trial for November 2, 2026, at 8 a.m.
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