Texas Tech University Health Science Center v. Buford
334 S.W.3d 334
| Tex. App. | 2010Background
- Buford sued Texas Tech University Health Science Center (Tech) and others after Stefanee Buford died from fentanyl toxicity following patches prescribed by Tech physicians and dispensed by the hospital’s pharmacy.
- Tech sought a plea to the jurisdiction based on sovereign immunity; the trial court denied the plea, and Tech appealed.
- The fentanyl patches were dispensed and applied by Medical Center Hospital employees, while the prescribing physicians were Tech employees.
- Texas Tort Claims Act waives immunity from liability only if the governmental unit would be liable as a private person for the use of tangible property; this case centers on whether Tech used tangible personal property to cause the injury.
- The court held that Loretta Buford failed to plead that Tech’s employees used tangible personal property; the dispensing/administration were by hospital employees, not Tech, so sovereign immunity was not waived.
- The court reversed and rendered a dismissal of Tech from the suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Loretta plead use of tangible property by Tech causing injury? | Buford alleged use via patches dispensed by hospital staff under Tech supervision. | Tech did not employ those who dispensed the patches; use was by hospital, not Tech. | No; sovereign immunity not waived; dismissal proper. |
Key Cases Cited
- Kerrville State Hosp. v. Clark, 923 S.W.2d 582 (Tex.1996) (failure to prescribe drug is not use of property)
- Wise Reg'l Health Sys. v. Brittain, 268 S.W.3d 799 (Tex.App.-Fort Worth 2008) (failures to act not implicating property use)
- Somervell County Healthcare Auth. v. Sanders, 169 S.W.3d 724 (Tex.App.-Waco 2005) (failure to monitor/diagnose not property use)
- Snelling v. Mims, 97 S.W.3d 646 (Tex.App.-Waco 2002) (failure-to allegations do not involve property use)
- De-Witt v. Harris County, 904 S.W.2d 650 (Tex.1995) (liability based on acts of employees using property)
- Thomas v. Harris County, 30 S.W.3d 51 (Tex.App.-Houston [1st Dist.] 2000) (liability for non-employe acts limited)
- Leonard v. Glenn, 293 S.W.3d 669 (Tex.App.-San Antonio 2009) (government unit's use of medication must cause the injury)
- Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex.2004) (sovereign immunity to suit and liability framework)
- Lueck v. State, 290 S.W.3d 876 (Tex.2009) (immunity interplay under Texas Tort Claims Act)