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A lawsuit has been filed in the Galveston County District Court that claims physicians treating a man at the University of Texas Medical Branch in Galveston lost a portion of the man’s skull.

The lawsuit was filed by the family of a Henderson County man who reportedly fell while cleaning the top of a tanker trailer resulting in serious injuries to his head and body.

The injured man was immediately taken to UTMB where surgeons removed the top of his skull to combat the swelling of the man’s brain. The lawsuit claims that the surgeons planned to replace the skull cap when the swelling had subsided, but when the time came to move forward with the procedure the portion or the skull that was to be used was nowhere to be found and an artificial material was used instead.

The suit also accuses Brenner Tank, Brenner Tank Services and Southern Tank Leasing of manufacturing, distributing, or selling a defective tank. The plaintiffs allege that the lack of fall protection lead directly to the man’s fall and injuries.

According to the lawsuit the man remains hospitalized due to the severity of his injuries and has been deemed incompetent by his physicians.

This is a terrible tragedy that may have been prevented completely if the tanker would have had greater fall prevention mechanisms would have been in place.

Hopefully the family will see justice served.

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