Vaccine Law/Evidence

Guide to: Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993)

What is the procedural history?

How much money did the jury award?

When did he get the polio vaccine?

What kind did he get and why does it matter?

When did his mother notice the boil?

What was his condition on Dec 2?

Where did they take him?

Who is Debra Schwarz and what did she diagnose?

What medication did she give?

What instructions did she give the parents?

Did they do cultures?

Why would this have mattered?

Would these have been standard of care?

Who is Dr. John Venglarcik and what is his legal role in Schwarz's care?

What is his legal relationship with SLU?

Why did he sign the chart and why is that critical?

How was Danny on the 3rd?

What happened on the 4th?

What happened on the 5th?

What did the hospital say about this?

What treatment did he receive on the 6^th?

What are the causation issues at this point?

What did plaintiff's experts claim?

What horrible mistake did defendant's counsel make in regard to their testimony?

What did defendant expert's claim?

What was the time issue identified by defendant's expert?

What were SLU's eight points of appeal?

What was Instruction 8?

What is the SLU's claimed inconsistency?

How can these be made consistent?

What is the "roving commission" issue?

Why does court just see this as alternative pleading?

What is the abscess issue?

What is the Frye rule?

What does the Frye rule deal with?

What does Prosser say is the "but for" test?

What made the substantial factor test popular?

What is the beloved two fires hypo?

Why does but for fail in this hypo?

Why does the court say the Restatement is confusing?

What is Prosser's approach?

Why does the court say "but for" is not an onerous test?

How does the court apply this to the instant case?

When would the but for test have let the hospital off the hook?

What is the role of the but for test in cases with multiple causes?

What does the court limit the substantial factor test to?

Why is this less important in Missouri?

What is the sufficiency of the evidence problem?

What did plaintiff's experts say that meets this test, according to the court?

What SLU's foreseeability claim?

What type of test is foreseeability in MO?

What is the MO test?

What is the MO thin skull (eggshell) case?

Could the defendant have foreseen the injury?

Does this mean that the defendant is not liable for the injury?

What must be foreseeable?

How was this applied in this case?

Did the judge allow the jury to ask questions?

What facts lead to the the objection to the judge's impartiality?

Why was this found harmless?

What is standard for overruling the judge's refusal to grant a mistrial for attorney misconduct?

What was the first allegation of misconduct?

Why was this overruled?

What was 2?

Three?

Four?

Why did the court say this was proper behavior?

Five?

Six?

Seven?

Eight?

Nine?

Ten?

What is the misquote issue with the court reporter?

What might be going on with this?

Eleven?

Can a collection of not quite errors add up to error?

Did it happen in this case?

What were the insurance questions on voir dire?

What did the trial judge say when he discussed this with the laweyr before voir dire?

What is the accepted procedure for asking the insurance question in MO?

What is the standard for changing the jury's determination of damages?

What should the jury consider when determining compensation?

What are the intangibles?

What does the defendant have to show on appeal to overturn a damages award?

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