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OLVEDA v. SEPULVEDA

No. 04-0707.

189 S.W.3d 740 (2006)

Gilbert H. OLVEDA and Brendalee Olveda-North, Individually and as Representatives of the Estate of Frieda Hernandez, Deceased, Petitioners, v. Rene A. SEPULVEDA, M.D., Respondent.

Supreme Court of Texas.

March 3, 2006.

Attorney(s) appearing for the Case

Dennis C. Peery, Tyler & Peery, Thomas H. Crofts Jr., Jacqueline M. Stroh, Crofts & Callaway, P.C., San Antonio, for petitioner.

Robert R. Biechlin Jr., Edward C. Mainz Jr., Rebecca Ann Copeland, Thornton Summers Biechlin Dunham & Brown, L.C., San Antonio, for respondent.

Review denied.

Justice O'NEILL, dissenting.

The court of appeals held that the expert report filed in this case was insufficient to allow the plaintiffs' survivorship and wrongful-death claims to proceed under former Article 4590i, the Texas Medical Liability and Insurance Improvement Act ("MLIIA").1 141 S.W.3d 679. Because I believe the report was sufficient to support the survivorship claim...

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