AOC TX, LLC D/B/A Angels of Care Pediatric Home Health v. Naomi Landeros and Carlos Silva Individually and as Next Friend of O.S., Minor

CourtTexas Court of Appeals, 8th District (El Paso)
DecidedJanuary 29, 2026
Docket08-25-00213-CV
StatusPublished

This text of AOC TX, LLC D/B/A Angels of Care Pediatric Home Health v. Naomi Landeros and Carlos Silva Individually and as Next Friend of O.S., Minor (AOC TX, LLC D/B/A Angels of Care Pediatric Home Health v. Naomi Landeros and Carlos Silva Individually and as Next Friend of O.S., Minor) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 8th District (El Paso) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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AOC TX, LLC D/B/A Angels of Care Pediatric Home Health v. Naomi Landeros and Carlos Silva Individually and as Next Friend of O.S., Minor, (Tex. Ct. App. 2026).

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-25-00213-CV ————————————

AOC TX, LLC d/b/a Angels of Care Pediatric Home Health, Appellant

v.

Naomi Landeros and Carlos Silva, Individually and as Next Friend of O.S., Deceased Minor, Appellees

On Appeal from the 205th Judicial District Court El Paso County, Texas Trial Court No. 2024DCV4107

M E MO RA N D UM O PI NI O N The underlying health care liability suit was brought by Appellees Naomi Landeros and

Carlos Silva, Individually and as Next Friend of O.S., Deceased Minor, 1 against Appellant AOC

TX, LLC d/b/a Angels of Care Pediatric Home Health. In this interlocutory appeal, AOC

challenges the trial court’s order overruling its objections to Landeros’s threshold expert reports

provided under Texas Civil Practice and Remedies Code § 74.351. Concluding that the authors of

1 Appellees filed a joint brief on all issues and will be jointly referred to as Landeros. the reports did not demonstrate they were qualified to testify about whether the relevant standard

of care was breached, we reverse and remand to the trial court to consider whether to grant

Landeros a 30-day extension to cure the reports’ deficiencies. 2

I. FACTUAL AND PROCEDURAL BACKGROUND

O.S. was born prematurely at 23 weeks with a congenital heart defect and other serious

medical conditions causing him to spend his first year in intensive care. When O.S. was discharged

from the hospital in early December 2022, he went home dependent on a tracheostomy tube to

breathe. AOC was his home health care provider. According to Landeros, O.S. went into

respiratory and cardiac arrest on January 5, 2023, after Mary Ann Martinez, a registered nurse

employed by AOC, was unable to insert a new breathing tube. O.S. was taken to the hospital and

died there three days later.

Landeros filed a health care liability claim against AOC alleging negligence and gross

negligence. 3 In support of her claim, Landeros provided two threshold expert reports under

§ 74.351(a)—one by Alfredia Williams, R.N., addressing the standard of care and breach, and

another by Dale Bull, M.D., addressing the standard of care, breach, and causation.

AOC objected to both reports and moved to strike them. As to Williams, AOC argued she

was unqualified to offer opinions because she has “not actively practiced as an RN since 2021,”

and “not practiced in the same medical field as [AOC], nor . . . provided medical care similar to

that which O.S. required.” AOC further maintained Williams’s report was “very broad and vague,”

“fail[ed] to link her conclusions to articulated facts,” and was “based on an incomplete compilation

of medical records.” As to Bull, AOC argued he was unqualified because he “retired in 2019,” and

2 Both sides requested this relief. 3 Landeros also sued Smiths Medical ASD, Inc.; ICU Medical, Inc.; and ICU Medical Sales, Inc. but later non-suited these defendants.

2 his report did not “identify [an] actual breach” and “d[id] not sufficiently discuss and analyze the

facts . . . to provide a causation analysis.”

Landeros filed a response, contending that her expert reports “exceed[ed] the threshold

requirements.” She requested a 30-day extension to cure any deficiencies in the event the trial

court found otherwise.

After a hearing, the trial court signed an order finding that both expert reports “met the

good faith requirements of [§ 74.351]” and overruling AOC’s objections. This interlocutory appeal

followed, as permitted by Texas Civil Practice and Remedies Code § 51.014(a)(9).

II. ISSUE ON APPEAL AOC’s single issue on appeal is “[w]hether the trial court abused its discretion in overruling

AOC’s objections and denying [its] motions to strike [Landeros’s] Chapter 74 expert reports.”

III. STANDARD OF REVIEW AND APPLICABLE LAW

We review a trial court’s ruling on a threshold expert report’s adequacy under § 74.351 for

an abuse of discretion. Abshire v. Christus Health S.E. Texas, 563 S.W.3d 219, 223 (Tex. 2018);

Taha v. Blackburn, 656 S.W.3d 596, 600 (Tex. App.—El Paso 2022, no pet.). Under this standard,

we defer to the trial court’s factual determinations if they are supported by evidence and review its

legal determinations de novo. Stockton v. Offenbach, 336 S.W.3d 610, 615 (Tex. 2011). A trial

court abuses its discretion if it rules without reference to guiding rules or principles. Samlowski v.

Wooten, 332 S.W.3d 404, 410 (Tex. 2011).

Under § 74.351(a), a plaintiff must serve a threshold expert report on each defendant

against whom a health care liability claim is asserted. Tex. Civ. Prac. & Rem. Code Ann.

§ 74.351(a). The report must include “a fair summary of the expert’s opinions . . . regarding

applicable standards of care, the manner in which the care rendered . . . failed to meet the standards,

and the causal relationship between that failure and the injury, harm, or damages claimed.” Id.

3 § 74.351(r)(6).

In addition, the report or its required accompanying curriculum vitae (CV) must show that

the expert is qualified. El Paso Specialty Hosp. Ltd. v. Gurrola, 510 S.W.3d 655, 659 (Tex. App.—

El Paso 2016, no pet.) (citing In re McAllen Med. Center, Inc., 275 S.W.3d 458, 463 (Tex. 2008)).

A person is qualified to offer an opinion on whether the standard of care for a non-physician

health care provider was breached if the person:

(1) is practicing health care in a field of practice that involves the same type of care or treatment as that delivered by the defendant health care provider, if the defendant health care provider is an individual, at the time the testimony is given or was practicing that type of health care at the time the claim arose;[4] (2) has knowledge of accepted standards of care for health care providers for the diagnosis, care, or treatment of the illness, injury, or condition involved; and (3) is qualified on the basis of training or experience. Tex. Civ. Prac. & Rem. Code Ann. § 74.402(b); see also § 74.351(r)(5)(B) (providing that

requirements under § 74.402 apply to threshold expert reports). In this context, “practicing health

care” includes: (1) “training health care providers in the same field as the defendant health care

provider at an accredited educational institution”; or (2) “serving as a consulting health care

provider and being licensed, certified, or registered in the same field as the defendant[.]” Id.

§ 74.402(a).

4 We agree with the assumption of both parties that § 74.402(b)(1) is relevant because Landeros’s claim against AOC is based solely on alleged negligence by its employee nurse, thereby implicating vicarious liability. See Certified EMS, Inc. v. Potts, 392 S.W.3d 625, 629 (Tex.

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AOC TX, LLC D/B/A Angels of Care Pediatric Home Health v. Naomi Landeros and Carlos Silva Individually and as Next Friend of O.S., Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aoc-tx-llc-dba-angels-of-care-pediatric-home-health-v-naomi-landeros-txctapp8-2026.