Texas Appeals Court Denies Petition for Pre-Suit Deposition in Device Case

FORT WORTH, Texas — A Texas appellate court has ruled that the maker of a sinus surgery device is not required to submit to a pre-suit deposition pursuant to Texas Rule of Civil Procedure 202 because the plaintiff failed to show why such a deposition was necessary.

In a June 6 opinion, the Texas Court of Appeals, 2nd District, said the trial court abused its discretion in granting the petition.

Real party in interest Erin Ralph petitioned for pre-suit discovery from Acclarent Inc. to investigate a possible product-liability claim arising from injuries she incurred during a sinus surgery performed using …