Articles Posted in U.S. 5th Circuit Court of Appeals

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The Estate filed a malpractice suit against the deceased's health care providers under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging in part that they failed to provide appropriate follow-up care after discovering a mass in the deceased's stomach. The court affirmed the district court's grant of summary judgment for the United States based on its finding that the Estate's expert report failed to establish the relevant standard of care or create a question of fact as to the remaining elements of a malpractice claim under Mississippi law. View "Estate of Ira J. Sanders v. United States" on Justia Law

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In this Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), case arising out of medical malpractice that led to the death of Melissa Busch, the United States and Ms. Busch's family members, plaintiffs, cross-appealed the district court's judgment. The case arose out of repeated medical misdiagnoses that led to the untimely death of Ms. Busch from synovial foot cancer. The court held that the district court did not err in finding the Government fully liable for the damages award because the Government did not present adequate evidence of NE Methodist's liability. The district court also did not err in concluding that Ms. Busch was not comparatively negligent because the evidence showed that Ms. Busch acted as a reasonable prudent person of her same training and experience would have acted in similar circumstances. The court held, however, that the district court did err in its assessment of plaintiffs' claim for household services. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Ellis, et al. v. United States" on Justia Law

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Plaintiff appealed from the district court's dismissal of his state-law claims against Stryker under Rule 12(b)(6). Plaintiff alleged in his complaint that a hip replacement product manufactured by Stryker malfunctioned and caused him injury. The court affirmed the dismissal of plaintiff's strict liability, design defect, negligence, and Texas Deceptive Trade Practices Act (DTPA), Tex. Bus. Comm. Code 17.41 et seq., claims to the extent they were premised on a failure to warn or a marketing defect; affirmed as to plaintiff's breach of express warranty claims; and reversed and remanded the following: (1) plaintiff's strict liability and negligence claims, to the extent they were based on manufacturing defects that violated the FDA's Current Good Manufacturing Practices or are inconsistent with Stryker's manufacturing processes or procedures that were approved by the FDA; (2) his claim for breach of an implied warranty to the extent it relied on the failure to comply with the FDA's requirements; and (3) his DTPA claim, to the extent that it relied on a breach of an implied warranty. View "Bass v. Stryker Corp., et al." on Justia Law