A physician named in a medical malpractice claim recently withdrew his appeal of a lower court's decision not to reject the plaintiffs' medical expert report.

As previously reported, Ty and Courtney Cropper filed a lawsuit April 20, 2010, in Jefferson County District Court against Dr. Edward Braye Jr. and Regional Pediatrics, alleging Braye failed to timely diagnose water on their son's brain, causing him to experience severe developmental deficits.

In January, Braye and Regional Pediatrics filed an accelerated appeal, arguing Judge Milton Shuffield, 136th District Court, erred by not granted their motion to dismiss, which argued the plaintiffs' medical expert report was not in compliance with Chapter 74 of the Texas Civil Code.

By law, plaintiffs are required to submit expert reports when pursing med-mal claims.

On March 24 justices seated on the Ninth Court of Appeals of Texas issued a memorandum opinion, stating that the appeal had been dismissed at the defendants request, court records show.

"Braye and Regional Pediatrics filed a motion to dismiss this accelerated appeal," the opinion states. "The motion is voluntarily made by the appellants prior to any decision of this Court. No other party filed notice of appeal. We grant the motion and dismiss the appeal."

The opinion does not state why the defendants withdrew the appeal.

In their suit, the Croppers claim Braye treated their son, Breylon Cropper, during his well-child care visits from July 29, 2007, through Oct. 24, 2008.

However, Braye failed to recognize Breylon's abnormal head circumference growth at his 6-, 9-, 11- and 12-month check-ups, according to the complaint.

"As a result, the evidence will show that Dr. Braye failed to timely diagnose hydrocephalus resulting in a delay in definitive treatment and a prolonged period of intercranial pressure during a critical period of rapid brain development such that Breylon Cropper now has severe developmental deficits," the suit states.

The Croppers blame Braye for their son's problems, saying he breached his standard of care and seek an unspecified judgment, plus pre- and post-judgment interest, costs and other relief to which they may be entitled.

Craig Lewis and John J. Brothers of The Lewis Law Firm in Houston represent them.

The defendants are represented by Houston attorney John Scott.

Jefferson District County Court case number: D186-634.
Appeals case No. 09-11-00028-CV

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