Martinez Ex Rel. Martinez v. Val Verde County Hospital District

The only issue presented in this case is whether the six-month period prescribed by section 101.101(a) of the Texas Tort Claims Act for giving notice of a claim against a governmental unit 1 is tolled by the claimant’s minority. The lower courts held that it is not, 2 and we agree.

Kaelyn Martinez, age 3, underwent a tonsillectomy at the Val Verde Regional Medical Center. Kaelyn’s parents, Marcus Martinez and Mary Koog, allege that because she was feverish and congested at the time and had recently eaten, she immediately began to suffer pulmonary and respiratory distress requiring treatment at…