SC: Turtle Healthcare Group v. Linan; recasting claims

This case considered whether claims based on the failure of a ventilator were subject to the MLA or whether they were ordinary negligence claims. The Court held that all of the claims were subject to the MLA. Because no expert report was provided, the claims were dismissed.

The Court pointed out that "all the Linans' claims are based on the same underlying facts and the Linans' pleadings are essentially that Maria's death was caused by Turtle's negligence in the "operation and/or maintenance of the . . . ventilator and/or its components and accessories." Thus, the claims could not be recast as battery or ordinary negligence claims.
See the opinion at Turtle Healthcare Group v. Linan.