Mom Doesn’t Get Big Payout for Daughter’s Rattlesnake Bite

AUSTIN, TX — In a landmark decision, the Texas Supreme Court has ruled in favor of Dr. Kristy Marsillo in a contentious legal battle over the treatment of a rattlesnake bite victim, thirteen-year-old Raynee Dunnick. The incident, which occurred while Raynee was walking her dog in her front yard in Lockhart, led to her treatment at Seton Medical Center Hays in Kyle, just south of Austin.

The case gained public attention following a 2019 KXAN news report in Austin, where Raynee and her mother expressed their distress over the long-term effects of the treatment, alleging it was delayed and because of that, the resulting nerve damage had degraded her daughter’s mobility.

“Raynee realizes her days of gymnastics and hiking are over,” reported KXAN, highlighting the family's anguish. Read the KXAN story.

The legal dispute began when Raynee’s parents sued Dr. Marsillo, claiming negligence due to the alleged delay in administering anti-venom. The district court initially sided with Dr. Marsillo, citing insufficient evidence of breach of duty and causation. However, this decision was overturned by the court of appeals, which raised the possibility of gross negligence.

Central to the case was the hospital's protocol for anti-venom treatment, which involves specific guidelines on its administration. Court documents revealed that Dr. Marsillo adhered to these guidelines. The parents contended that the severity of Raynee's wound warranted an immediate deviation from these guidelines, arguing that the failure to do so constituted gross negligence.

Upon reviewing the case, the Supreme Court reversed the decision of the appeals court and reinstated the original judgment of the trial court in favor of the doctor. The Supreme Court's decision underscored the rigorous standards required to prove gross negligence under Texas law, especially in emergency medical situations. The evidence presented, including an affidavit from Raynee’s mother, was deemed insufficient to meet the high threshold for establishing gross negligence on the part of Dr. Marsillo.

This ruling reinforces the legal protections for medical professionals in emergency scenarios, setting a significant precedent for the evidence needed to prove gross negligence in similar cases involving medical care.