· 3/31/2003
Figueroa v. Boston Scientific Corp.
Citations
- 254 F. Supp. 2d 361
- 2003 U.S. Dist. LEXIS 5057
- 2003 WL 1733813
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no proximate causation existed where “a treating physician is well aware of the risks of a medical device, independent of any warning by the manufacturer”
- holding that differential diagnosis was not necessary where the expert had reviewed witness depositions, medical records, and peer-reviewed scientific literature, and a strong temporal connection existed between the incident and injury
- admitting expert testimony from a doctor who had not physically examined the patient on the grounds that his years of education, training and practical experience made his testimony sufficiently reliable
- “An act cannot be the ‘substantial cause’ if the injury would have occurred regardless of the content of defendant’s warning.”
- failure to “rule out alternative causes . . . goes to the weight of the evidence rather than its admissibility”
- “an expert basing his opinion solely on experience must do more than aver conclusorily that his experience led to his opinion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.