Medical Malpractice

Texas Federal Court Rules DePuy Hip Implant Trials in Dallas Will Proceed

Lanier Law Firm wins ruling that victims’ cases will be heard in September

DALLAS – A federal judge in Dallas has cleared the way for a September trial in the ongoing multidistrict litigation filed against DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson (NYSE: JNJ), by patients who suffered medical problems after receiving the company’s Pinnacle metal-on-metal hip implants.

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Medical Malpractice; Definition of Health Care Liability Claim

Ross v. St. Luke’s Hospital, No. 13-0439, May 1, 2015 (Houston 14)(opinion by Johnson, J.)(concurring opinion by Lehrmann, J., joined by Devine, J.)

Digest: A personal injury claim asserted by a non-patient who slipped and fell in a non-patient area is not a Health Care Liability Claim and therefore is not subject to the expert report requirements of the Texas Medical Liability Act.

Summary: Plaintiff Lezlea Ross, after visiting a friend at the hospital, slipped, fell and was injured in an area near the exit doors where the floor was being cleaned and buffed. She sued the hospital, which moved for dismissal on the grounds that the plaintiff’s claim was a Health Care Liability Claim (HCLC) as defined by the Texas Medical Liability Act (TMA) and that the plaintiff had not filed an expert report as required by the TMA. The trial court granted the motion to dismiss, and the court of appeals affirmed. The Texas Supreme Court reversed and held that the plaintiff’s claim was not an HCLC.

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