Texas Appellate Court Holds Device Manufacturer Not Subject to Texas Medical Liability Act Protections

A Texas appellate court has ruled that personal injury claims asserted against the manufacturer of a medical device are not subject to the limitations of the Texas Medical Liability Act – which imposes damages caps and expert report requirements on plaintiffs – because the manufacturer could not show that it was a “health care provider” as defined by the TMLA. [11/16/15]