Defendant manufactures a medical device, Infuse, used in surgery to strengthen the spines of individuals with degenerated vertebral discs. The Food and Drug Administration [FDA] granted approval for certain types of uses, but not for the type of use performed upon plaintiff, which was a posterior fusion. After plaintiff’s surgery, he suffered numbness and pain, and […]
Strict Construction For Damages.
Plaintiff was severely injured while operating a power press in the manual mode because the material being shaped had to be moved onto and off of the die by hand. The press was equipped with a two-hand activator system for operation in manual mode, and the die would not strike unless the operator used both hands […]
Rating By Analogy In Workers’ Compensation Case.
An agreed medical examiner recommended characterizing a workers injury: “by analogy, it would be similar to an individual with a limp and arthritis.” The Workers’ Compensation Appeals Board found a doctor could rate an impairment by analogy to other impairments which are rated in the guide used in workers’ compensation matters. The employer, a city, appealed, […]
Foreign Sovereign Immunities Act (FSIA) Decision Reversed By Ninth Circuit En Banc.
Last year we reported the following: No Jurisdiction. Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through […]
Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.
A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a […]
Pedestrian Did Not Qualify For Underinsured Motorist Coverage Of Her Father’s Insurance Policy.
Two pedestrians were killed by an underinsured motorist. The father of one of them, who had his own underinsurance coverage, claimed than his insurance company also provided insurance for his daughter. The daughter was 39 years old, and while she had lived with her father, for at least a year prior to the accident, she lived […]
No Trail To Follow Filing A Late Claim.
In a wrongful death action, decedent was killed during an August 3, 2010, traffic accident caused by a drunk/drugged driver. About an hour and a half prior to the accident, a California Highway Patrol officer stopped the driver, but saw no indication of intoxication, although the driver was not licensed, the car was uninsured and had […]
Affirming Grant Of New Trial In Medical Malpractice Case Based Upon Irregularity In The Proceedings.
The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
No Authority To Sign Here Either. And BTW Who’s Looking After Mom?
An 88 year old woman patient in a skilled nursing facility was hospitalized after a stroke. She woke up one night with her catheter removed, her call button unplugged, her gown off, an unknown male assistant looking down on her naked body and saying to her “This is why I love my job.” The woman […]
The Feres Doctrine Strikes Again.
The doctor of a pregnant servicewoman created a pregnancy profile for her, which imposed a number of restrictions on her activities such as “not carry and fire weapons, move with ‘fighting loads,’ engage in heavy lifting or physical training testing, or run/walk long distances.” Her supervisors ignored her pregnancy profile. She underwent an emergency procedure in […]
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