Cases

Beam v. Nexion Health Mgmt., 2006 U.S. Dist. LEXIS 71732 (D. Tex. 2006)

Plaintiff brought suit against Nexion Health Management and Nexion Health at Mount Pleasant contending that her mother was placed in a defective Braun wheelchair lift and that she was thrown from the lift. Plaintiff was required to file an expert report within 120 days of filing the suit. She sought additional time “due to Nexion’s failure to timely provide medical records;” she also argued that abatement tolled the 120 day time period. The court found that the 120 day rule (Texas law) was a procedural rule not applicable in federal court. Therefore, Plaintiff’s motion for additional time was denied as moot. The court then ordered (on October 2, 2006) submission of the expert report by November 15, 2006.

Published by
David McGuffey

Recent Posts

CMS Announces Nursing Home Minimum Staffing Rule

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final…

1 week ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment…

2 weeks ago

Caveator deprived herself of standing by withdrawing her challenge to Will

On February 21, 2024, the Georgia Court of Appeals decided the case of In Re…

2 weeks ago

Social Security Revises Policy on Recoverying Overpayments

The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security…

2 weeks ago

Updated Georgia Penalty Divisor Effective April 1, 2024

Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining…

2 weeks ago