Kallam v Boyd
On December 21, 2006, through its Amicus Committee, TTLA filed a brief in the case of Kallam v. Boyd, Cause No. 05-0027, currently pending before the Texas Supreme Court.
Mrs. Boyd's doctors failed to diagnose her colorectal cancer, and she brought an action for medical negligence. She died of the disease during the pendency of the appeal of the summary judgment granted on the ground of limitations (Boyd had persuaded the Court of Appeals that the discovery rule applied in her instance, and the defendants petitioned the Supreme Court for relief). In a supplemental brief, filed two weeks before the Supreme Court heard oral argument, two of the petitioners assert that her death, because it came more than two years after the discovery of her misdiagnosis, vitiates not only her personal cause of action but her heirs' statutory wrongful death and survival claims as well. Boyd, and TTLA, argue that such a result offends multiple public policies of the State of Texas.
Many thanks to Paula Sweeney and Jim Perdue Jr. for their hard work on the substantive arguments, and to the other Amicus Committee members who took the time to review drafts and offer comments.
The New York Times article quoted in the brief can be found here.