Back in June I wrote about Superior Health Plan v. Badawo, were the defendants asserted the plaintiff’s claim for injury to an infant denied medical care was an assault on the defendants’ rights under the TCPA.

The Austin Court of Appeals took little time (and spent even less ink) rejecting the appeal, applying the bodily injury exception under Section 27.010(c).

Badawo asserts throughout her live petition that she seeks recovery for “brain damage and ongoing pain, suffering, [and] disability” suffered by D.B. On this record, we conclude Badawo carried her burden to demonstrate that her claims fall within the bodily injury exemption.

The Austin COA dogged the larger question of whether the TCPA even applies, simply assuming it did and proceeding straight to the exemptions. Given the expansion of exemptions under HB 2730, expect to see more COA’s take this route and avoid weighing in on whether the TCPA applies to a type of dispute.

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