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Biotech Torts
Winter 2002

There is no text for this course.  It will be taught from online materials and handouts.

10 Jan 2002

Introductory Lecture - no reading assignment

Introduction to Biotech Torts - PowerPoint Presentation

Review of Informed Consent

15 Jan 2002

Moore v. Webb, 345 S.W.2d 239 (Mo.App. 1961)

Guide to Moore v. Webb, 345 S.W.2d 239 (Mo.App. 1961)

Cobbs v. Grant, 8 Cal. 3d 229, 502 P.2d 1, 104 Cal. Rptr. 505 (Cal. 1972)

Guide to COBBS v. GRANT, 502 P.2d 1 (Cal 1972)

We will do Moore and Cobbs to review the informed consent law you learned in torts 1.  Make sure you figure out the difference between battery and failure of informed consent and why there is a big controversy over whether consent is judged from the patient's or the physician's point of view.

17 Jan 2002

Finish discussion of Cobbs v. Grant

Truman v. Thomas, 611 P.2d 902 (Cal. 1980)

Guide to Truman v. Thomas, 611 P.2d 902 (Cal. 1980)

22 Jan 2002

Finish Truman v. Thomas

Fiduciary Duty of Researchers - the Spleen Case - Moore v. Regents of University of California, 793 P.2d 479 (Cal. 1990)

Guide to MOORE v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 793 P.2d 479 (Cal 1990)

24 Jan 2002

Finish Moore if necessary

No duty to inform patient of non-medical information - ARATO v. AVEDON 858 P.2d 598 (Cal 1993)

Guide to ARATO v. AVEDON 858 P.2d 598 (Cal 1993)

29 Jan 2001

Introduction to Health Care Products Liability - lecture outline (slightly revised, 29 Jan 2001) - Introduction to Health Care Products Liability (PowerPoint)

Restatement s 402a and 402b

UCC Warranties in Missouri - just to see what they look like.

First Missouri products case - Keener v. Dayton Elec. Mfg. Co., 445 S.W.2d 362 (Mo. Sep 08, 1969)

Guide to Keener v. Dayton Elec. Mfg. Co., 445 S.W.2d 362 (Mo. Sep 08, 1969)

Products Liability Review Materials - you might want to look at these if you are unfamiliar with products liability from Torts 1 and are having trouble.

31 Jan 2001

Class Canceled - Check back on Monday for further information and updated reading assignments.

Feb 5 and 7 2001 - No Class

Feb 12 - regular class, plus make-up class directly after in the same room.

Introduction to FDA Regulation of Drugs and Medical Devices - FDA - Introduction to Drug Regulation (HTML) - FDA - Introduction to Drug Regulation (PowerPoint)

Pick up your reading from Brooks Best in the Hughes Suite.  Read from the beginning through the Brown v. Superior Court (Abbott Labs.) case.

Feb 14

Read to the section headed: Restatement (Third) of the Law of Torts: Products Liability (American Law Inst. 1998):

Feb 19

Read to Medtronic v. Lohr

Feb 21

Class on biotech related research issues - no reading assignment.

Feb 26

Make up class - we will run late.  Our topic is preemption.  Read to 3. Tort Claims Against the FDA, p. 22 of the handout.  Read the two cases carefully so we can have a good discussion of them. Medical Device Law / Medical Device Law - HTML.

Feb 28

Read to Daubert v. Merrell Dow Pharmaceuticals, Inc.  I have been asked if there are any study questions for the handout cases.  I will try to post some as we go.  For some cases, such as Berkovitz, I have study questions I have used when teaching the case in another course.

5 & 7 March

Read to Moran v. Pfizer, Inc.  and make sure your bring your handout from the Feb. 28 class.  We will start on this material, but I expect that it will take most of two classes to finish.  Guide to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and the case on remand.

March 19

Finish the case book hand out.

March 21

Read to Williams v. Ciba-Geigy Corp. in the Chapter 6 handout.

March 26

Read to In re TMJ Implants Products Liability Litigation

March 28

Read to Willett v. Baxter International, Inc., we will then see how out timing is going.

April 2

Finish the Chapter 6 handout.

April 4

Read the handout from class on the 2nd.

April 9

Read to In re Factor VIII or IX Concentrate Blood Products Litigation

April 11

Finish Handout

April 16

Read handout from 11 April

April 18

Next Handout

April 23

Next handout

April 25

Exam review session.  The exam will be open materials.

Biotech Torts Review Questions - Winter 2002

Another old exam, with some hints on important points you should cover.

Health Care Tort Law Winter 2001 Course #514 - Exam Key

Remember, this course covers different materials and in a different way.  I will be asking you to apply law and use what you have learned.  Since the exam is open book, you do not need to memorize.  You do need to be very familiar with the law - the exam is the wrong place to read the materials the first or even the second time.

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