Gardner v. U.S. Imaging

Craig Gardner and Thelma Gardner brought this health care liability suit against Dr. Berney Keszler, who performed a lumbar epidural procedure on Craig, and U.S. Imaging, Inc. d/b/a SADI Pain Management ("SADI"), the owner and operator of the facility where the procedure was performed. The Gardners served an expert report on Dr. Keszler and SADI, who both contested the report as untimely and deficient. See TEX. CIV. PRAC. & REM. CODE § 74.351(a). The trial court denied the defendants motion to dismiss the suit, but the court of appeals determined the report was deficient and ordered the case dismissed. ___ S.W.3d at ___. Although we do not disturb the court of appeals determination that the report was deficient, in light of our decision in Leland v. Brandal, 257 S.W.3d 204 (Tex. 2008), we vacate the court of appeals judgment and remand the case to the trial court to consider granting the Gardners an extension to cure under section 74.351(c) of the Texas Civil Practice and Remedies Code.