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Ngo v. Lewis

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MEMORANDUM OPINION

Kenneth Lewis and Destinie Lewis, individually and as parents and representatives of the estate of Ian Patrick Lewis, filed health care liability claims against Dr. Nancy Ngo, a pediatrician, Dr. Durga Annavajjhala, a neonatologist, and a number of other health care providers. Their suit alleges that Ian’s death was caused by the negligence of his various health care providers. Dr. Ngo and Dr. Annavajjhala filed separate motions to dismiss. Each motion to dismiss asserts that the Lewises’ expert report does not comply with section 74.351 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(l) (Vernon Supp. 2009). The trial court denied both motions to dismiss, and Dr. Ngo and Dr. Annavajjhala then perfected their interlocutory appeals from the trial court’s ruling.

Because the Lewises’ expert report does not comply with the requirements of Texas law, we reverse the trial court’s order, and we remand the case to the trial court. TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(r)(6) (Vernon Supp. 2009). Upon its receipt of the case, we instruct the trial court to enter an order dismissing the plaintiffs’ claims against Dr. Ngo and Dr. Annavajjhala, and to award reasonable attorneys’ fees and taxable court costs. Id. § 74.351(b) (Vernon Supp. 2009).

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