Medical Device Manufacturer Not ‘Health Care Provider’ Texas Appellate Court Rules

AUSTIN, Texas — The manufacturer of the “Eclipse Sphere” spinal device is not a “health care provider” as defined by the Texas Medical Liability Act and therefore the plaintiff was not required to timely serve an expert report relating to his claims against the manufacturer as required by the Act, a Texas appellate court has held.

In addressing this issue of first impression, the Texas Court of Appeals, 3rd District, on Nov. 13, explained that Verticor Ltd. does not provide an “act” or “treatment” that is “performed or furnished,” or should have been, “for, to, or on behalf of a …