United States Fifth Circuit

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Young v. Memorial Hermann Hosp. Sys., 06-20709

In a negligence action against a hospital for allegedly improper treatment of a stroke, summary judgment for Defendants is affirmed where Plaintiffs failed to present reliable evidence that it was more likely than not that the patient would have been among those who materially benefit from the administration of a certain drug rather than those who receive the therapy and do not benefit.

Appellate Information

  • Decided 06/29/2009
  • Published 06/29/2009


  • PER CURIAM:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • John David Hart (argued), Law Offices of John David Hart, Fort Worth, TX, for Plaintiffs-Appellants., Craig Smyser (argued), Kristin E. Adler, Smyser, Kaplan & Veselka, Houston, TX, for Memorial Hermann Hosp. Sys., Memorial Hermann Healthcare Sys., MacDonald and Reidle., Edward J. Wallison, Jr., Rathwell & Nizialek, The Woodlands, TX, for Rural/Metro of Texas LP, R/M of Texas GP, Inc., and Rural/Metro of Texas, Inc., Richard M. Law, Christopher G. King, Kacal, Adams & Law, Houston, TX, for Medina., Charles Bruce Holm, Holm, Bambace & McCabe, Houston, TX, for Takenaka.