Wormington & Bollinger is litigating a lawsuit pending in Wise County Texas, against Baylor Health Care System and others for damages related to injuries their client sustained as a result of opiate over sedation during a surgical procedure.
Baylor Health Care System argued to the trial court and now to the Fort Worth Court of Appeals that it should be cloaked with immunity from suit due to a contract it had with Wise Regional Health System. On two occasions this argument has been rejected by the Courts.
The Court of Appeals adopted Wormington & Bollinger’s argument that the contract at issue did not allow Baylor to claim immunity from suit. The Appellate Court considered the contract, the current law, “…the old law, the evil, and the remedy…” in their search for legislative intent. In rejecting Baylor’s argument the Appellate Court cited the open courts provision of the Texas Constitution, “All courts shall be open, and every person for an injury done him in his lands, goods, person[,] or reputation, shall have remedy by due course of law.”
Through this victory, Wormington & Bollinger has protected its client’s right, and the right of all Texans, to seek redress for harm done to them.