United States First Circuit

In plaintiff's suit against an oncologist and others, claiming that the death of his wife was the result of defendants' negligent acts and omissions that induced her to purchase their "cancer vaccine" treatment and forego conventional cancer treatments, a grant of defendants' motion for judgment as a matter of law is vacated and remanded as, plaintiff put forth sufficient evidence including expert testimony, from which a reasonable jury could have concluded - and did conclude - that defendants' breach of the standard of care towards the wife caused her untimely death by inducing her to choose their treatment with promises that it would cure her.

Appellate Information

• Decided 06/09/2010
• Published 06/09/2010

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, SELYA, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Manuel San Juan, with whom Law Offices of Manuel San Juan, José F. Velázquez-Ortiz, and Velázquez Law Offices, PSC, were on brief for appellant.


• For Appellees:
  
• John E. Bergendahl, with whom Law Offices of John E. Bergendahl, was on brief for appellees Dr. Lasalvia-Prisco and Pharmablood, Inc.