A man received a drug-eluting arterial stent to treat coronary artery disease. Five months later, a blood clot formed near the site of the stent and he suffered a subacute stent thrombosis. Eleven days later, he died. Three years and nine months later, his widow filed suit in New Jersey seeking damages for the injuries suffered by her husband and his estate. The defendant filed a motion to dismiss all the claims which the trial court granted. The court of appeals affirmed in part, reversed in part and remanded. The Supreme Court of New Jersey affirmed the court of appeals.
A seventeen-year-old girl underwent arthroscopic surgery on her shoulder. The surgeon installed a pain pump device, manufactured by the defendant, to administer a local anesthetic to the patient’s shoulder for four days following her surgery. The device’s catheter was installed directly into the patient’s shoulder joint. Subsequently, the girl experienced extreme pain, and worsening stiffness, clicking, and popping in her shoulder joint. She was diagnosed with glenohumeral chondrolysis, a painful condition involving the permanent destruction of articular cartilage in the shoulder joint. Her prognosis is poor, and she will likely require several complete shoulder replacements during her lifetime. The patient sued the manufacturer of the pain pump device raising a number of common law claims as well as statutory claims that hold manufacturers strictly liable for defective design and inadequate warning or instruction.
A woman was admitted to the defendant acute care facility that specialized in the evaluation, treatment, and placement of elderly patients. While at the facility, the woman was diagnosed with mild to moderate dementia as a result of Alzheimer's disease. Her doctor at the defendant facility concluded that, due to her dementia, she needed a guardian to make medical and financial decisions for her.
A week after the patient was admitted, a social worker employed by the defendant met with another woman who claimed she would take care of the patient upon discharge from the defendant facility. The social worker printed out a power of attorney form for the patient to sign in order to give the other woman power over her personal and financial affairs in order to facilitate discharge and obtain services following discharge. Later, the patient was discharged. The other woman allegedly exploited the former patient financially using the power of attorney.
The county legal guardian sued the defendant hospital on the former patient’s behalf arguing that the social worker employed by the defendant failed to exercise due care when he helped her arrange her financial affairs in furtherance of her discharge.