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Click here for the full text of this decision FACTS:Donna Morrell gave birth to her first child, Madeline, at Arlington Memorial Hospital. Donna and her husband, Robert Morrell, individually and as next friends for Madeline, brought suit alleging that Madeline suffered permanent neurological injuries proximately caused during labor and delivery by the negligence of defendants Mary Angeline Finke, M.D.; Finke’s employer, Obstetrical & Gynecological Associates of Arlington Inc. (the clinic); Rose Fenton, R.N.C., Sandy Stephens, R.N., and Marianne Walker R.N. (the nurses); and their employer, Arlington Memorial Hospital Foundation Inc. (the hospital), collectively defendants. The jury returned a verdict for plaintiffs and against all defendants. The trial court granted a judgment notwithstanding the verdict on the jury’s $500,000 damage award to Donna and Robert for mental anguish and on the jury’s $2 million damage award to Donna and Robert for loss of consortium. Plaintiffs appealed from the JNOV. Finke, the clinic, the nurses, and the hospital appealed from the judgment against them, challenging both liability and damages. HOLDING:The court modifies the trial court’s judgment to delete the imposition of joint and several liability upon the nurses for the jury’s award of past medical expenses to Robert and Donna Morrell individually and render judgment that Robert and Donna, individually, recover nothing from the nurses on their claim for past medical expenses because that claim is barred by the statute of limitations. The court also modifies the trial court’s judgment to delete the imposition of joint and several liability upon Rose Fenton, R.N.C. because the jury found her only 5 percent proportionally responsible. As modified, the court affirms the remainder of the trial court’s judgment, including the JNOV on the Morrells’ mental anguish and loss of consortium claims. On appeal, Robert and Donna Morrell complain that the trial court erred by granting JNOV on the damages for mental anguish. The court disagrees and holds that that the Morrells’ claim is controlled by Edinburg, which precludes recovery of bystander mental anguish damages in a medical malpractice case as a matter of law. Finke and the clinic complain that there is no evidence or factually insufficient evidence that any negligence of Finke was a cause-in-fact of Madeline’s injuries; that there was no evidence or factually insufficient evidence of negligence; that there is no evidence of the present value of the cost of Madeline’s future medical expense, so that the jury’s award of $3.5 million for that element of damages requires reversal and remand or remittitur; and that the findings of past medical expenses are excessive. The court finds that the jury was free to believe plaintiffs’ experts, Drs. Ater, Rice and Jones, instead of the defense experts. The jury also was free to believe plaintiffs’ theory of the case instead of the defensive theory of the case. The court finds that plaintiffs’ negligence and cause-in-fact evidence concerning Finke is not so weak, nor defendants’ controverting evidence so overwhelming that the jury’s findings should be set aside and a new trial ordered. The nurses and hospital complain that there is legally and factually insufficient evidence that the nurses’ breaches of the standard of care were a cause-in-fact of Madeline’s injuries. The court disagrees and again determines that the evidence supporting the jury’s finding that the nurses’ negligence was a proximate cause, including a cause-in-fact, of Madeline’s injuries is not so weak nor is the evidence to the contrary so overwhelming that the answer should be set aside and a new trial ordered. The nurse defendants further complain that Robert and Donna Morrell’s claim for past medical expenses against them is barred by limitations. The court finds that evidence sufficiently supports the Morrells’ claim for Madeline’s past medical expenses by establishing that the expenses were reasonable and were necessary for Madeline to incur as a result of her brain injury. However, the court also finds that because the Morrells did not assert their claims for Madeline’s medical expenses against Nurses Fenton, Stephens, and Walker until after limitations had run, the trial court erred by denying the nurses’ motion for JNOV on the ground that the Morrells’ claims against them were barred by the statute of limitations. Finally, Fenton also contends that she should only be held severally liable for the 5 percent negligence the jury attributed to her. The court agrees with this point and holds that the proportionate responsibility statute does not permit the imposition of joint and several liability upon a party found to be 5 percent liable. OPINION:Walker, J.; en banc, Gardner, J. filed a dissenting opinion in which Cayce, C.J. joins. Holman and McCoy, JJ. recused. DISSENT:Gardner, J. filed a dissenting opinion in which Cayce, C.J. joins. “The record compels the conclusion that there is legally insufficient evidence to support the jury’s finding of causation as to any negligence of the nurses or Dr. Finke. Consequently, I would reverse and render judgment that Appellants and Cross-Appellees Robert and Donna Morrell, individually, and as next friends for the minor daughter, Madeline Morrell, take nothing against all defendants.”

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