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Families pursue legal action against doctor
FOX 26 Reporter Sherman Desselle has more about the temporary restraining order filed against a transplant doctor.
HOUSTON - Families of deceased individuals who were awaiting organ transplants from Memorial Hermann Hospital are pursuing legal action amid concerns over the integrity of the hospital's transplant program. On Wednesday, representatives of these families announced their intention to file a temporary restraining order against Dr. J. Steve Bynon, Jr. - the head of Memorial Hermann's transplant program. The families are represented by Hastings Law Firm, a medical malpractice firm based in Houston.
On Tuesday, the firm filed a temporary restraining order against Dr. Bynon to prevent him from deleting or destroying any evidence that could help their clients show if their loved ones were improperly denied liver transplants.
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"I'm concerned it could've happened," said Tommy Hastings, founder of the firm. "I have no direct knowledge, no one has told me he's done that. My concern is the serious allegations in this case due to data."
Susie Garcia, who spoke on behalf of her late son, Richard Mostacci, shared their family's ordeal.
Garcia says Mostacci, 43, had been awaiting a liver transplant since fall 2021, but was ultimately deemed too ill for the procedure and sent home without receiving it.
Photo of Richard Mostacci and his family (submitted photo)
"We don't know, tomorrow it might be your family," Garcia said. "We all need to be together in this. We need to know the truth."
Daniel Rodriguez-Corrales spoke out about his father, Daniel Rodriguez Alvarez, who passed away on April 9, 2024, just days after the program was inactivated. Alvarez had been on the transplant list since 2021. He died at the hospital while battling chronic liver failure.
"They didn’t reach out," said Rodriguez-Corrales. "I just coincidentally found out about it. They didn’t reach out to us at all. I feel like they just swept it under the rug and just went on with their day."
Also included in the restraining order is the family of Robert Osuna, who died December 2023 while on the transplant list for a year. Attorneys say Osuna was finally told that the transplant would take place on December 26. However, prior to the procedure, the family was told by Dr. Bynon that Mr. Osuna would not be able to receive the liver. He died later that night. Osuna's son believes that his father may have been denied a transplant improperly.
Robert Osuna photo (family submitted)
Despite the allegations and legal action, both Memorial Hermann and UT Health, with which Dr. Bynon is affiliated, declined to comment on the restraining order. The Hastings Law Firm indicated that further legal steps may be taken as the situation unfolds.
"Dr. Bynon and Memorial Hermann owe a legal and ethical duty of full disclosure to the patients and families that have been affected," stated Hastings. "The first step of accountability is transparency. We will ensure that our clients get the answers they deserve and will push for full disclosure for all patients."
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