Biggs v. Baylor University Medical Center
2011 Tex. App. LEXIS 2337
| Tex. App. | 2011Background
- This is the second appeal in a health-care-liability case arising from Cheri Wells Biggs's death after a rabies-infected kidney transplant.
- Plaintiffs challenged the trial court’s dismissal with prejudice for failure to cure deficiencies in Chapter 74 expert reports after a remand.
- The trial court denied a requested 30-day extension under Section 74.351(c) to cure deficiencies and dismissed the claims with prejudice, awarding defendants fees.
- This court previously held the reports deficient in Biggs I but remanded to allow consideration of a Section 74.351(c) extension.
- Following Samlowski v. Wooten, the Texas Supreme Court guidance urged closer regard for extensions to preserve meritorious claims.
- The court reverses, remands for further proceedings, and indicates the trial court should err on the side of granting extensions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a 30-day extension was an abuse of discretion | Biggs: extension to cure deficiencies should be granted. | Surgical to deny extension; reports not cureable; no basis to extend. | Abuse of discretion; remand for extension. |
Key Cases Cited
- Leland v. Brandal, 257 S.W.3d 204 (Tex. 2008) (one 30-day extension to cure may be granted when deficiencies exist)
- Bogar v. Esparza, 257 S.W.3d 354 (Tex.App.-Austin 2008) (no automatic dismissal where report is not entirely missing)
- Samlowski v. Wooten, 332 S.W.3d 404 (Tex. 2011) (court should err on the side of granting extensions to preserve meritorious claims)
- Biggs v. Baylor Univ. Med. Ctr., 237 S.W.3d 909 (Tex.App.-Dallas 2007) (prior ruling that reports were deficient and remand for extension inquiry)
- Bowie Mem'l Hosp. v. Wright, 79 S.W.3d 48 (Tex.2002) (test for expert reports: informs conduct and supports merit evaluation)