With no explanation, chose the best option from "A", "B", "C" or "D". the trial court granted leave to file a late response, we presume that the trial court did not consider it. Envtl. Procedures, Inc. v. Guidry, 282 S.W.3d 602, 612 (Tex.App.-Houston [14th Dist.] 2009, pet. denied). 3 . Arnold, v. Univ. of Tex. Sw. Med. Ctr. at Dallas, 279 S.W.3d 464, 469 (Tex.App.-Dallas 2009, no pet.) (explaining that allegations of harm caused by overly-large implants were allegations of an error in medical judgment, not an allegation of the negligent use of tangible personal property). 4 . Univ. of Tex. Med. Branch at Galveston v. York, 871 S.W.2d 175, 176 (Tex.1994) (concluding that immunity is not waived for harm resulting from errors or lapses in medical documentation or failure to follow recommendations). 5 . Kertville v. Clark, 923 S.W.2d 582, 584 (Tex.1996) (<HOLDING>); Univ. of Tex. Med. Branch v. Thompson, 2006

A: holding that failure to administer an injectable drug is a nonuse of tangible property and does not fall under the waiver provisions of the texas tort claims act
B: holding that claims not pursued within two years of their accrual fall outside of the federal tort claims acts limited waiver of sovereign immunity
C: holding section 101106f cannot be used by employees to obtain dismissal of common law intentional tort claims because those claims could not have been brought under the texas tort claims act
D: holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver
A.