Reversing a court of appeals decision, the Texas Supreme Court held on April 20 that a Corpus Christi, Texas, attorney is subject to sanctions related to unfounded allegations against two of 14 defendants in a wrongful-death suit.
According to the Supreme Court’s opinion in Robert Low and Stephen Smith v. Thomas J. Henry and the Law Offices of Thomas J. Henry, a petition that Thomas Henry filed in 2002 on behalf of a widow alleged that Robert Low and Stephen Smith prescribed Propulsid to the woman’s husband, a drug used to treat gastric reflux. But as noted in the opinion, the husband’s medical records, which Henry obtained months before he filed the suit, indicated that neither Low nor Smith ever prescribed or administered the drug to him.
