By:  Cain                                             H.C.R. No. 29
       73R3325 SKT-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Jo-Ann F. Garrigan, M.D., alleges that:
    1-2        (1)  she is a Diplomate in Internal Medicine, having passed
    1-3  the Board of Specialization Examination after successfully
    1-4  completing her residency at the Baylor University Medical Center in
    1-5  Dallas, Texas;
    1-6        (2)  the Texas State Board of Medical Examiners 1992
    1-7  Spring/Summer newsletter mistakenly listed Dr. Garrigan as having
    1-8  been on probation and indicated that her license was previously
    1-9  subject to a restriction or limitation;
   1-10        (3)  she has made numerous requests to the Texas State Board
   1-11  of Medical Examiners to correct this error;
   1-12        (4)  the Texas State Board of Medical Examiners has published
   1-13  a retraction notice in the Winter 1992 newsletter, stating they
   1-14  erroneously printed Dr. Garrigan's name and that she was never on
   1-15  probation nor was any disciplinary action ever taken against her;
   1-16        (5)  as a result of this defamatory reference, she has
   1-17  suffered direct monetary loss in that she has been unable to obtain
   1-18  employment; and
   1-19        (6)  in addition to direct monetary loss, she has suffered
   1-20  damages for mental distress resulting from this public humiliation
   1-21  and her professional reputation has been permanently impaired; now,
   1-22  therefore, be it
   1-23        RESOLVED by the Legislature of the State of Texas,  That
   1-24  Jo-Ann F. Garrigan, M.D., is granted permission to sue the State of
    2-1  Texas and the Texas State Board of Medical Examiners subject to
    2-2  Chapter 107, Civil Practice and Remedies Code; and, be it further
    2-3        RESOLVED, That the executive director of the Texas State
    2-4  Board of Medical Examiners be served process as provided by Section
    2-5  107.002(a)(3), Civil Practice and Remedies Code.