Ethicon Endo-Surgery, Inc. v. Gillies

OPINION

Opinion By

Justice BRIDGES.

Appellant Ethicon Endo-Surgery, Inc. appeals the trial court’s judgment rendered in favor of appellee Celia Gillies, individually, and as next friend of Edward Allan Ortega, a minor and heir to the Estate of Rebecca T. Castaneda. We reverse and render judgment in favor of appellant.

Background

Rebecca Castaneda had a body mass index of over 50, which is medically referred to as “super-obesity,” and suffered from diabetes and high blood pressure related to her weight. In May 2005, Ms. Castaneda opted to undergo gastric bypass surgery to combat her obesity. Dr.…