OLMO v. DAVOL INC (2018)

United States Court of Appeals, Eleventh Circuit.

Norma OLMO, Nelson Olmo, Plaintiffs-Appellants, v. DAVOL, INC., C.R. Bard, Inc., Defendants-Appellees.

No. 17-11784

Decided: February 07, 2018

Before MARCUS, ANDERSON, and HULL, Circuit Judges.

Justin Parafinczuk, Marcus John Susen, Koch Parafinczuk Wolf Susen, Fort Lauderdale, FL, for Plaintiffs-Appellants Michael Kevin Brown, Reed Smith, LLP, Los Angeles, CA, James Christopher Martin, Reed Smith, LLP, Pittsburgh, PA, Edward M. Mullins, Reed Smith, LLP, Miami, FL, Eric L. Alexander, Jesse J. Ash, Matthew D. Jacobson, Reed Smith, LLP, Washington, DC, Edgardo Ferreyra, Jr., Luks Santaniello Petrillo & Jones, LLC, Miami, FL, Amy E. Furness, Carlton Fields Jorden Burt, PA, Miami, FL, David J. Walz, Carlton Fields Jorden Burt, PA, Tampa, FL, M. Patrick Yingling, Reed Smith, LLP, Chicago, IL, for Defendants-Appellees

We have had the benefit of oral argument and have carefully reviewed the briefs and the summary judgment record in this case. The learned intermediary doctrine provides that the manufacturer's duty to warn runs to the physician, not directly to the patient. If the physician had independent knowledge of the risk that caused the plaintiff's injuries—substantially the same knowledge as an adequate warning should have communicated—then the plaintiff cannot prevail on a failure-to-warn claim. Christopher v. Cutter Laboratories, 53 F.3d 1184, 1192 (11th Cir. 1995). We agree with the district court that the physician who implanted the instant patch had such independent knowledge. With respect to the patch that was implanted in plaintiff, there is insufficient evidence that the ring in the patch buckled.

For the foregoing reasons, including reasons fully explained at oral argument, the judgment of the district court is

AFFIRMED.

PER CURIAM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law