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DURHAM v. CHILDREN'S MED. CENTER OF DALLAS

No. 05-14-01464-CV.

488 S.W.3d 485 (2016)

Sheri DURHAM and Denise Jenkins, as Administrator of the Estate of Jessica Haley Durham, Appellants v. CHILDREN'S MEDICAL CENTER OF DALLAS, Amy Holland, CPNP, David W. Kines, FNP, Lawson Copley, M.D., J. Patrick Hieber, M.D., and Timothy J. Rupp, M.D., Appellees.

Court of Appeals of Texas, Dallas.

Opinion Filed April 25, 2016.

Attorney(s) appearing for the Case

Kenneth B. Chaiken , Robert L. Chaiken , Carrie P. Kitner , Plano, TX, for appellants.

Aaron D. Nadeau , Rockwall, TX Michael A. Yanof , Cassie Dallas , John B. Kronenberger , Ronald W. Johnson , Amie P. Fordan , Stan A. Thiebaud , Russell G. Thornton , David M. Walsh IV , Jeffery Mark Kershaw , Michelle E. Robberson , Cory M. Sutker , John A. Scully , Dallas, TX, for appellees.

Before Justices Myers, Evans, and Whitehill.

OPINION

This case presents an issue of first impression: If a 12-year-old person receives medical treatment and dies more than two years after that treatment ends, does the Texas Constitution's Open Courts Clause prevent the running of limitations against otherwise untimely filed survival and wrongful-death...

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