Legal Opinion
Verticor, Ltd. v. Michael Wood
Court of Appeals of Texas
Decided November 13, 2015No. 03-14-00277-CVPublishedCited by 2 opinions
1Opinion of the Court
OPINION
Bob Pemberton, Justice
The pivotal issue in this appeal—one of first impression for this Court—is whether personal-injury claims asserted against the manufacturer of a medical device are “health care liability claims” within the meaning of the Texas Medical Liability Act (TMLA). At least on this record, we hold they are not.
BACKGROUND
The underlying dispute arises from surgery performed on appellee Michael Wood by James Hansen, M.D., to treat a herniated disc in Wood’s lumbar region. As part of the procedure, Dr. Hansen inserted into Wood’s spine a device known as the “Eclipse Sphere”…
2Cases cited24 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
- Acker v. Texas Water CommissionTexas Supreme Court · 1990
- TGS-NOPEC GEOPHYSICAL CO. v. CombsTexas Supreme Court · 2011
- Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
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3Cited by2 opinions
- Austin Materials, LLC v. Christina Rosado, as Guardian for Sonia Troche, an Incapacitated Person Julizandra Cedeno Lyzandra Cedeno And Kazandra Cedeno, Texas Court of Appeals, 3rd District (Austin)2023
- East Texas Support Services, Inc. v. June Brown, Individually and as Representative of the Estate of James Brown, Texas Court of Appeals, 12th District (Tyler)2021