HOUSTON - Texas counties are apparently not persons, at least when it comes to health care liability claims, according to the 14th Court of Appeals.
Yesterday, justices issued opinions on consolidated appeals over orders denying motions to dismiss under the Texas Medical Liability Act in opioid litigation against Albertsons Companies and Shavano Oaks Pharmacy.
Dallas County and Bexar County sued a number of manufacturers, distributors, and retail pharmacies of prescription opioids.
In two separate motions, the pharmacies argued that the counties’ claims should be dismissed because the claims were health care liability claims and the counties had not served them with expert reports within 120 days of their original answers, as required by the TMLA, the opinion states.
Court records show the MDL court denied the motion, leading the pharmacies to appeal.
On appeal, the 14th considered one question above all others: whether a county is a “person” at common law, to which the court answered “no.”
Justices concluded that the counties are not claimants under the TMLA, that they were not required to serve the pharmacies with an expert report, and that the MDL court properly denied the pharmacies’ motions to dismiss.
Case Nos. 14-23-00279-CV and 14-23-00299-CV