An Ohio bridal shop is asking the Texas Supreme Court to look at its claims against Texas Health Resources, which the business says failed to adequately educate staff during the Ebola scare in 2014, Law360 reported last week.
A Texas Health Presbyterian Dallas nurse who contracted the virus visited the Akron, Ohio-based shop—Coming Attractions Bridal and Formal—between her exposure to Ebola and her diagnosis, prompting Ohio authorities to force the store’s temporary closure for an analysis and cleaning. The store reopened three weeks later, but Coming Attractions claims its reputation took a permanent hit. The store announced in early 2015 that it was closing for good.
The nurse in question is Amber Vinson, one of two who contracted the virus after working with Thomas Duncan—the nation’s first Ebola diagnosis—starting in the summer of 2014. Vinson and Nina Pham each made full recoveries. Pham sued the hospital for failing to adequately train her, and the two sides settled for an undisclosed amount in late 2016.
Coming Attractions’ suit was thrown out by a lower appeals court in May. That court found that the plaintiff’s claims constitute a healthcare liability claim—contrary to a ruling by a previous trial court—which means that they were required to produce an expert report on the Arlington-based healthcare provider. Because they didn’t, the claim was dismissed.
“We believe that the ruling by the Court of appeals was correct and was a sound analysis of the law,” Texas Health spokesperson Steve O’Brien said Monday. “We’re confident that the Texas Supreme Court will agree.”
The Dallas Morning News reports that in a recent filing in late June, Coming Attractions says it “suffered financial ruin because of a fateful visit by a nurse who should have never even entered the public had THR not recklessly authorized her to go.
“The injury occurred over thousand miles away from the hospital and had no reasonable nexus to health care,” the filing says, according to the DMN.
Nobody from Ohio was diagnosed with Ebola, and the disease—which is transmitted through bodily fluids—was not found at Coming Attractions. After the store announced it would go out of business, Co-owner Anna Younker told Cleveland.com that management originally hoped the hoopla would work to its advantage.
“But now we are the Ebola shop,” she said. “Customers are tired of hearing, ‘oh, you bought it at the Ebola shop.’”
Coming Attractions originally filed suit in October 2016.