Rick Thompson Helps Defend Access to Evidence in Texas Supreme Court Hospital Sexual Assault Case

Durham, Pittard & Spalding partner Rick Thompson recently helped secure a favorable outcome in a healthcare-related privilege dispute before the Texas Supreme Court. The September 9, 2026, ruling allows lower-court orders requiring the hospital to release documents concerning an alleged sexual assault of a patient to stand.

In In re VHS San Antonio Partners, LLC, St. Luke’s Baptist Hospital sought mandamus relief to block the release of documents relating to an alleged sexual assault, arguing that the materials were protected because they had been created or reviewed through the hospital’s incident-reporting and patient-safety processes. The requested materials included witness statements and documents concerning the incident. The ruling allows discovery in the healthcare liability lawsuit to move forward.

The Supreme Court of Texas denied the petition for writ of mandamus after Thompson filed a requested response on behalf of the Real Party in Interest.

The outcome underscores the firm’s expertise handling complex appellate issues across a range of practice areas. The firm’s appellate lawyers regularly work alongside trial counsel in matters involving personal injury, commercial, healthcare disputes, and other cases where appellate strategy can be critical to protecting a client’s interests and preserving access to important evidence.

Trial Counsel: Beth S. Janicek and Kristian Barrientes, for Real Party in Interest
Appellate Counsel: Rick Thompson and Kirk Pittard, Durham, Pittard & Spalding
Texas Supreme Court: In re VHS San Antonio Partners, LLC, No. 04-26-00255-CV, 2026 WL 1239315 (Tex. App.—San Antonio May 6, 2026), mandamus denied (Sept. 9, 2026)
Trial Judge: Judge Tina Torres, 407th Civil District Court, Bexar County