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Hess v. A.I. Dupont Hospital

Date: August 11, 2011

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

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