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.
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