California High Court Answers Question On Role Of Stronger Warning In Causation

Mealey's (July 1, 2024, 9:50 AM EDT) -- SAN FRANCISCO — A plaintiff in a medical device case can establish causation by showing that had a physician communicated a stronger warning to the patient, a prudent person in the patient’s position may have declined the treatment regardless of the physician’s continued recommendation, the California Supreme Court held, answering a certified question from the Ninth Circuit U.S. Court of Appeals....