Erin Elizabeth Lunceford

Norton Rose Fulbright US LLP

United States
T:+1 713 651 5165
United States
T:+1 713 651 5165
Erin Elizabeth Lunceford

Erin Elizabeth Lunceford

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Erin Lunceford is a 31-year trial lawyer who specializes in the defense of healthcare clients in premises and medical malpractice cases. She has tried over 38 jury trials to verdict and handled over 40 appeals, including successfully arguing a case to the Texas Supreme Court in January 2015. In July 2015, Governor Abbott appointed her to fulfill the remaining term as Judge of the 61st District Court in Harris County, Texas. In her 18 months as a judge she presided over 30 jury trials, and was the #2 judge in the number of jury trials in 2016. Also, at the end of her term, she had the lowest number of pending cases of all the 24 Civil District Judges in Harris County. As a former Judge, Erin has also developed a Mediation/Arbitration practice and has mediated over 75 cases to date in a wide variety of areas.  She has also served as a Fair Hearing Officer for numerous Peer Review Cases, testified as an expert witness on attorneys' fees, and conducted multiple arbitrations of business and consumer disputes.

Professional experience

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JD, University of Houston, 1988
BA, cum laude, University of Colorado, Boulder, 1983

While in law school, Erin was honored as a member of the Honor Court. She graduated in the top 20% of her class.

  • Texas State Bar
  • Lead Appellate Counsel for a compounding pharmacy company. Lower courts held that claim against compounding pharmacy did not constitute a HCLC. Erin successfully briefed and argued that claims were HCLCs and achieved complete dismissal of the case, which was a reversal of the trial and intermediate appellate court rulings. Randol Mill Pharmacy v. Miller, 465 S.W.3d 612 (Tex. 2015).
  • Lead trial and appellate counsel in the first ER case tried to a jury applying the new "willful and wanton negligence" standard enacted under the 2003 tort reform.  Tried to a Beaumont, Texas Jury 1/2010 with Plaintiff verdict. On appeal, the 9th COA reversed and rendered.  Licatino v. CHRISTUS Hospital St. Elizabeth, 352 S.W.3d  556 (Tex. App.—Beaumont 2011, no pet.).
  • Lead Appellate Counsel in a case of first impression establishing that professional review activities, in this case a report to ACOG, constituted peer review activities that were privileged from disclosure under the Texas Statutes. In re Kenneth Higby, M.D., 414 S.W.3d 771 (Tex. App.—Houston [1st Dist] 2013, pet. denied). 
  • Lead appellate Counsel in a slip & fall case filed by a Plaintiff against a hospital after legislative changes to the HCLA seemed to indicate that premises liability cases would constitute HCLAs. This case was one of more than 10 pending when the Texas Supreme Court established the test to apply when evaluating whether a case qualifies as a HCLC. CHRISTUS Health v. Guillory, 415 S.W.3d 900 (Tex. App.—Beaumont 2013, pet. denied).
  • Lead appellate Counsel in Motion for Rehearing after original adverse Texas Supreme Court decision in a disputed HCLC.  Resulted in a complete retraction of the original opinion and a new opinion that the case should be dismissed because it was a HCLC under the statute.  Marks v. St. Luke's Episcopal Hospital, 319 S.W.3d 658 (Tex. 2010).
  • Lead counsel in a Nursing Board action for a local nurse fired for allegedly violating hospital policy regarding the use of single-patient insulin pens.  After extensive briefing and attendance at an informal settlement conference at the BNE, the Board dismissed all charges in December 2015. 
  • Lead trial counsel in a medical malpractice case filed against a local urologist alleging negligence in the performance of surgery to remove numerous kidney stones.  Demand was over $300,000 and jury returned take nothing defense verdict.  2012.
  • Texas Super Lawyer, Super Lawyers, 2008 - 2015, 2018 - 2020
  • 2011 Winning Women Trial and Appellate Lawyers, annual award given to 20 Texas women lawyers, Texas Lawyer, 2011
  • Board Certified, Personal Injury Trial Law, 1998-present
  • "Medical Malpractice Update," Greater Houston Society for Healthcare Risk, Houston, TX, 2010-2012, 2014-2016.

  • "Overview of Texas Medical Malpractice Law," HCA Physicians Yearly Meeting, Houston, TX, November 21, 2019.

  • "A (potentially) new world: Peer review in physician-institution disputes," 16th Annual NRF Health Law Symposium, January 23, 2020. 

  • Board Member, Houston Bar Association 2015-2020
  • Board Member, American Board of Professional Liability Attorneys (ABPLA) 
  • Houston Chapter Immediate Past President, American Board of Trial Advocates (ABOTA), member since 2012
  • Member, Association of Women Attorneys 
  • Fellow, College of the State Bar
  • Credentialed Mediator, Texas Mediator Credentialing Association
  • Member, Association of Attorney Mediators