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This week, the Supreme Court of Texas did not issue any opinions but did issue five grants for oral argument. Significantly, with one of these grants the Court will address whether Section 18.001 affidavits can be executed by subrogation agents.

Specifically, Debra C. Gunn M.D. v. Andre McCoy, is a medical malpractice case out of Houston’s 14th Court of Appeals. In this case, Mrs. McCoy delivered a stillborn born baby and suffered complications from the birth, which led to a hysterectomy. Mrs. McCoy experienced additional complications during this surgery resulting in brain damage, seizures, and ultimately Mrs. McCoy became a quadriplegic. Mr. McCoy brought a healthcare liability suit against his wife’s health care providers.

Although a date for oral argument has not yet been selected, the Supreme Court of Texas will address: (1) whether there is sufficient evidence supporting the $7 million verdict awarded to Mrs. McCoy for her future medical expenses; (2) whether billing affidavits executed by subrogation agents comply with Section 18.001 of the Texas Civil Practices and Remedies Code; and (3) whether the lower courts erred in excluding the defendants’ damages expert.

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