Other Similar Incidents NEW
1. Sparks v. Mena, E2006-02473-COA-R3-CV (Tenn. Ct. App. Feb. 6, 2008).
The Court's Summary:
"The plaintiff brought this action alleging that a surgical device manufactured by the defendant was in a defective and unreasonably dangerous condition, which resulted in the accidental laceration of her aorta during abdominal surgery. Upon our determination that the trial court erred in excluding evidence of other similar incidents involving actual or potential surgical injuries with the same model of device, and that the trial court erred in excluding the testimony of plaintiff’s expert witness, we vacate the judgment of the trial court and remand the case for a new trial." Read the opinion.
The Court's Summary:
"The plaintiff brought this action alleging that a surgical device manufactured by the defendant was in a defective and unreasonably dangerous condition, which resulted in the accidental laceration of her aorta during abdominal surgery. Upon our determination that the trial court erred in excluding evidence of other similar incidents involving actual or potential surgical injuries with the same model of device, and that the trial court erred in excluding the testimony of plaintiff’s expert witness, we vacate the judgment of the trial court and remand the case for a new trial." Read the opinion.