U.S. Court of Appeals for the 3rd Circuit VICTORY!
The court will decide whether Delaware recognizes a medical monitoring cause of action. The case involves a plaintiff who had a stent implanted to treat a congenital heart defect; the stent had not received FDA premarket approval at the time it was implanted by doctors at the defendant’s hospital.
Status: DECIDED. Amicus brief filed on 03/09/10. Court ruled in favor the defendant and dismissed plaintiff’s claims. The court reversed the district court and held that there was no duty to medically monitor a minor plaintiff and even if Delaware law would allow medical monitoring, the plaintiffs failed to establish elements need for medical monitoring claim