On March 05, 2013 a
Judgment
was filed
involving a dispute between
Acevedo, Joanna Gonzalez,
Gonzalez, Regino, Sr.,
Laguna, Juana,
and
Camacho, Maria T., Md,
Fountila, Robert C., Do,
Fulp, Iii, Ray R., Do,
Mcallen Hospitals, Lp D B A Mcallen Medical Center,
Radiology & Imaging Of South Texas, Llp,
Ray Fulp Orthopedics, Pa,
Torres, Francisco, Md,
for Injury or Damage - Medical Malpractice (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
1/13/2020 5:59 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
CAUSE NO. C-0973-1 3-A
JUANA LAGUNA, § IN THE DISTRICT COURT OF
JOANNA GONZALEZ ACEVEDO, as
ADMINISTRATOR of THE ESTATE OF
REGINO GONZALEZ, JR.,
Plaintiffs
vs.
RAY R. FULP, DO,
Ill, HIDALGO COUNTY, TEXAS
RAY FULP ORTHOPEDICS, PA, WWWWWWWWWWWWWW
ROBERT C. FOUNTILA, DO,
MCALLEN HOSPITALS, LP,
MCALLEN MEDICAL CENTER,
SOUTH TEXAS HEALTH SYSTEM
MCALLEN MEDICAL CENTER, INC.,
Defendants 92nd JUDICIAL DISTRICT
PLAINTIFFS’ SUPPLEMENTAL TYPOGRAPHICAL CORRECTIONS
PLAINTIFFS’ RESPONSE TO MCALLEN HOSPITAL, LP’s;
DEFEtEICBANTS,
MCALLEN MEDICAL CENTER’S; SOUTH TEXAS HEALTH SYSTEM’S; AND
MCALLEN MEDICAL CENTER, INC.’S MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME the above PLAINTIFFS in this case, and file this PLAINTIFFS’
Supplemental Typographical Corrections to Plaintiffs’ Response to DEFENDANTS,
MCALLEN HOSPITAL, LP’s; MCALLEN MEDICAL CENTER’S; SOUTH TEXAS
HEALTH SYSTEM’S; AND MCALLEN MEDICAL CENTER, |NC.’S MOTION FOR
SUMMARY JUDGMENT (hereafter collectively “MMC”)
l. TYPOGRAPHICAL CORRECTIONS
A. On July 23, 2019, Plaintiffs filed their Response to MMC’s MSJ. Due to
typographical errors on page 2 and page 21, the Plaintiffs’ legal assistant in using a stored
auto-paste, accidentally while trying to automatically enter “Open Courts Provision”,
inadvertently entered the wrong auto-paste of “Open Records Act”, three (3) times.
Electronically Filed
1/13/2020 5:59 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
B. Section 1.05 and 1.06, page 2, should read “Open Courts Provision” instead of
“Open Records Act”, and corrected should read as follows:
1.05 MMC claims the Open Courts Provision does not apply to a medical
liability claim, contending that it is solely a statutory right.
1.06 The PLAINTIFFS contend that the medical liability statute is grounded
in a common law tort, and is subject to the Open Courts Provision.
it
C. The third time this mistake occurred is in the section V. CONCLUSION, 5.01, page
21. Again, “Open Records Act” was incorrectly typed instead of “Open Courts Provision”.
The first sentence of 1T 5.01 is corrected to read:
5.01 The PLAINTIFFS contend that the medical liability statute is grounded
in a common law tort, and is subject to the Open Courts Provision.
it
CONSIDERING THE ABOVE, the Plaintiffs Supplement and Correct their Response to
MMC’s MSJ.
Respectfully submitted,
/s/ Jerry D. Patchen
JERRY D. PATCHEN
SBA No. 15561000
1400 Congress
Houston, Texas 77002
(71 3) 222-2000
(71 3) 222-2329 fax
ipatchen@14OOConqress.com
Attorney for Plaintiffs
2IPlaintiffs’ Supplemental Response to McAIIen Medical
Center’s M5]
Electronically Filed
1/13/2020 5:59 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
CERTIFICATE OF SERVICE
hereby certify that a true and correct copy of the foregoing Plaintifis’
|
Supplemental Response to Defendant, McAIIen Medical Center’s, Motion for Summary
Judgment was served in accordance with Rules 21 and 21a of the Texas Rules of Civil
Procedure to all parties through their below listed counsel on the 13th day of January,
2020.
VIA E-SERVICE VIA E-SERVICE
Ronald G. Hole William Gault
Hole & Alvarez, LLP Gault, Nye & Quintana, LLP
612 W. Nolana Loop, Suite 370 P.O. Box 5959
P.O. Box 720547 Brownsville, Texas 78523
McAllen, Texas 78504-0547 bqault@qnqlawvers.com
ron@holea|varez.com Attorney for Robert C. Fountila, DO
Attorney for Raymond R. Fulp, III and
Ray Fulp Orthopedics, PA
VIA E-SERVICE VIA E-SERVICE
Edward J. Castillo, C. Brandon Holubar
Gonzalez Castillo, LLP, Gonzalez Castillo, LLP,
1317 E. Quebec Avenue, 1317 E. Quebec Avenue,
McAllen, Texas 78503 McAllen, Texas 78503
|aw@va|leyfirm.com bholubar@vallevfirm.com
Attorney for Defendants McAllen Attorney for Defendants McAllen
Hospitals, LP, McAllen Medical Center, Hospitals, LP, McAllen Medical Center,
South Texas Health System, McAllen South Texas Health System, McAllen
Medical Center, Inc. Medical Center, Inc.
/s/ Jerry D. Patchen
JERRY D. PATCHEN
\\JDP2012\Document\JDP\CIient\GONZALEZ, Regino\P\MSJ Response to MMC -
Supplemental.docx
3IPlaintiffs’ Supplemental Response to McAllen Medical
Center’s MSJ
Preview
Electronically Filed 1/13/2020 5:59 PM Hidalgo County District Clerks Reviewed By: Monica Valdez CAUSE NO. C-0973-1 3-A JUANA LAGUNA, § IN THE DISTRICT COURT OF JOANNA GONZALEZ ACEVEDO, as ADMINISTRATOR of THE ESTATE OF REGINO GONZALEZ, JR., Plaintiffs vs. RAY R. FULP, DO, Ill, HIDALGO COUNTY, TEXAS RAY FULP ORTHOPEDICS, PA, WWWWWWWWWWWWWW ROBERT C. FOUNTILA, DO, MCALLEN HOSPITALS, LP, MCALLEN MEDICAL CENTER, SOUTH TEXAS HEALTH SYSTEM MCALLEN MEDICAL CENTER, INC., Defendants 92nd JUDICIAL DISTRICT PLAINTIFFS’ SUPPLEMENTAL TYPOGRAPHICAL CORRECTIONS PLAINTIFFS’ RESPONSE TO MCALLEN HOSPITAL, LP’s; DEFEtEICBANTS, MCALLEN MEDICAL CENTER’S; SOUTH TEXAS HEALTH SYSTEM’S; AND MCALLEN MEDICAL CENTER, INC.’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: NOW COME the above PLAINTIFFS in this case, and file this PLAINTIFFS’ Supplemental Typographical Corrections to Plaintiffs’ Response to DEFENDANTS, MCALLEN HOSPITAL, LP’s; MCALLEN MEDICAL CENTER’S; SOUTH TEXAS HEALTH SYSTEM’S; AND MCALLEN MEDICAL CENTER, |NC.’S MOTION FOR SUMMARY JUDGMENT (hereafter collectively “MMC”) l. TYPOGRAPHICAL CORRECTIONS A. On July 23, 2019, Plaintiffs filed their Response to MMC’s MSJ. Due to typographical errors on page 2 and page 21, the Plaintiffs’ legal assistant in using a stored auto-paste, accidentally while trying to automatically enter “Open Courts Provision”, inadvertently entered the wrong auto-paste of “Open Records Act”, three (3) times. Electronically Filed 1/13/2020 5:59 PM Hidalgo County District Clerks Reviewed By: Monica Valdez B. Section 1.05 and 1.06, page 2, should read “Open Courts Provision” instead of “Open Records Act”, and corrected should read as follows: 1.05 MMC claims the Open Courts Provision does not apply to a medical liability claim, contending that it is solely a statutory right. 1.06 The PLAINTIFFS contend that the medical liability statute is grounded in a common law tort, and is subject to the Open Courts Provision. it C. The third time this mistake occurred is in the section V. CONCLUSION, 5.01, page 21. Again, “Open Records Act” was incorrectly typed instead of “Open Courts Provision”. The first sentence of 1T 5.01 is corrected to read: 5.01 The PLAINTIFFS contend that the medical liability statute is grounded in a common law tort, and is subject to the Open Courts Provision. it CONSIDERING THE ABOVE, the Plaintiffs Supplement and Correct their Response to MMC’s MSJ. Respectfully submitted, /s/ Jerry D. Patchen JERRY D. PATCHEN SBA No. 15561000 1400 Congress Houston, Texas 77002 (71 3) 222-2000 (71 3) 222-2329 fax ipatchen@14OOConqress.com Attorney for Plaintiffs 2IPlaintiffs’ Supplemental Response to McAIIen Medical Center’s M5] Electronically Filed 1/13/2020 5:59 PM Hidalgo County District Clerks Reviewed By: Monica Valdez CERTIFICATE OF SERVICE hereby certify that a true and correct copy of the foregoing Plaintifis’ | Supplemental Response to Defendant, McAIIen Medical Center’s, Motion for Summary Judgment was served in accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure to all parties through their below listed counsel on the 13th day of January, 2020. VIA E-SERVICE VIA E-SERVICE Ronald G. Hole William Gault Hole & Alvarez, LLP Gault, Nye & Quintana, LLP 612 W. Nolana Loop, Suite 370 P.O. Box 5959 P.O. Box 720547 Brownsville, Texas 78523 McAllen, Texas 78504-0547 bqault@qnqlawvers.com ron@holea|varez.com Attorney for Robert C. Fountila, DO Attorney for Raymond R. Fulp, III and Ray Fulp Orthopedics, PA VIA E-SERVICE VIA E-SERVICE Edward J. Castillo, C. Brandon Holubar Gonzalez Castillo, LLP, Gonzalez Castillo, LLP, 1317 E. Quebec Avenue, 1317 E. Quebec Avenue, McAllen, Texas 78503 McAllen, Texas 78503 |aw@va|leyfirm.com bholubar@vallevfirm.com Attorney for Defendants McAllen Attorney for Defendants McAllen Hospitals, LP, McAllen Medical Center, Hospitals, LP, McAllen Medical Center, South Texas Health System, McAllen South Texas Health System, McAllen Medical Center, Inc. Medical Center, Inc. /s/ Jerry D. Patchen JERRY D. PATCHEN \\JDP2012\Document\JDP\CIient\GONZALEZ, Regino\P\MSJ Response to MMC - Supplemental.docx 3IPlaintiffs’ Supplemental Response to McAllen Medical Center’s MSJ