HOUSTON – An appeal brought by The University of Texas MD Anderson Cancer Center was recently dismissed, as the medical provider reached a settlement with the plaintiff in a wrongful death lawsuit.
In 2016, Laurence and Michael Bolton, as executors of the estate of Marilyn Bolton, filed suit against MD Anderson.
Marilyn Bolton was treated at MD Anderson for leukemia. During her treatment, she was transfused with allegedly bacterially contaminated platelets.
The plaintiffs alleged that contaminated platelets caused her personal injuries and eventually led to her death.
In response to the suit, MD Anderson filed a plea to the jurisdiction, which was denied by the trial court.
On appeal, MD Anderson argued the jurisdictional evidence conclusively established Marilyn was not injured by any negligent use of tangible property by MD Anderson’s health care providers.
Court records show that on Nov. 2 MD Anderson filed a motion to dismiss the appeal, which states the parties have finalized a settlement.
On Nov 10, the 14th Court of appeals issued a memorandum opinion dismissing the appeal.
Case No. 14-19-00245-CV