University of Texas M.D. Anderson Cancer Center v. King
329 S.W.3d 876
| Tex. App. | 2011Background
- King sustained a right humerus fracture and rotator cuff tear while undergoing chemotherapy at M.D. Anderson on May 10, 2007.
- Two years later King filed a health care liability claim against M.D. Anderson.
- M.D. Anderson filed a plea to the jurisdiction asserting lack of waiver of sovereign immunity.
- Docket control order set expert-designation and discovery deadlines; discovery and pleadings were to be amended by April 16, 2010.
- M.D. Anderson filed supplemental pleas and a no-evidence summary-judgment motion; King did not timely respond to the summary-judgment motion.
- The trial court denied the plea to the jurisdiction and the summary judgment motion; MD Anderson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pleadings waived immunity under the Texas Tort Claims Act. | King claimed waiver under §101.021 for tangible personal property. | MD Anderson argued pleadings lacked a waiver and were incurably defective. | Pleadings insufficient; remand to allow amendment for the hospital-bed claim; others dismissed with prejudice. |
| Whether allegations about medication use establish waiver of immunity. | King alleged negligent use/misuse of medication caused injury. | Use of medication did not waft waiver; only furnished the condition; no evidence. | Allegations do not establish waiver; dismiss those claims with prejudice. |
| Whether allegations about hospital bed use fall within a waiver of immunity. | King contends injury from hospital bed use qualifies under waiver. | The facts are insufficient to show waiver; could involve moving or placement; remand for amendment. | Waiver not established; remand hospital-bed claim to allow amendment addressing factual deficiency. |
| Whether the trial court properly denied MD Anderson's no-evidence MSJ given discovery-time issues. | King had adequate time for discovery to present evidence. | There was inadequate discovery time; MSJ should be upheld as no-evidence under Rule 166a(i). | Trial court did not abuse discretion; discovery time deemed inadequate; deny MSJ on waiver grounds, affirm as to discovery issue. |
Key Cases Cited
- County of Cameron v. Brown, 80 S.W.3d 549 (Tex. 2002) (plea to jurisdiction; burden to plead waiver of immunity)
- Texas Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (de novo review of jurisdictional pleas; liberal pleading standard)
- Koseoglu v. University of Texas, 233 S.W.3d 835 (Tex. 2007) (opportunity to amend if pleading deficiency curable)
- Overton Mem. Hosp. v. McGuire, 518 S.W.2d 528 (Tex. 1975) (waiver for injuries from the condition/use of a hospital bed; narrow circumstances)
- Gainesville Mem'l Hosp. v. Tomlinson, 48 S.W.3d 511 (Tex. App. Fort Worth 2001) (no waiver for bed-related injuries absent integral safety component)
- San Antonio State Hosp. v. Cowan, 128 S.W.3d 244 (Tex. App. Houston 2004) (Overton value limited to absence of integral safety component)
- Arnold v. Univ. of Tex. Sw. Med. Ctr. at Dallas, 279 S.W.3d 464 (Tex. App.—Dallas 2009) (immunity not waived for certain medical-jury/conduct failures)