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• Title: John C. Gibson v. Methodist Hospital and Methodist Health Care Network
• Author : First District, Houston No. 01-89-00645-CV Court of Appeals of Texas
• Release Date : January 17, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

Opinion ON MOTION FOR REHEARING This is an appeal from a summary judgment granted in favor of appellees, The Methodist Hospital (""Methodist"") and the Methodist Health Care Network (""Network""). On motion for rehearing, we grant the motion, withdraw our original opinion of January 31, 1991, and substitute the following opinion, affirming the judgment of the trial court. Appellants sued Gulf Coast Regional Blood Center (""Gulf Coast""), Methodist, Network, and John Overstreet, M.D., pursuant to the Texas Wrongful Death Act, TEX. CIV. PRAC. & REM. CODE ANN. ? 71.002 (Vernon 1986), and Survival Statute, TEX. CIV. PRAC. & REM. CODE ANN. ? 77.021 (Vernon 1986), alleging that Catherine V. Gibson, deceased, contracted Acquired Immune Deficiency Syndrome (""AIDS"") as a result of receiving a blood transfusion while hospitalized at Methodist. Gibson underwent surgery for colon cancer at Methodist on February 28, 1983. Following surgery, Gibson's attending physician, Dr. Overstreet, ordered from Methodist two units of blood, which were transfused into Gibson on March 8, 1983. Gulf Coast collected the blood on February 26 and 27, 1983, and supplied the units to Methodist. Gibson died of AIDS-related complications on May 4, 1987.

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