Of Treating Physicians And Manufacturing Defects


The new case, Williams v. Mast Biosurgery USA Inc., ___ F.3d ___, 2011 WL 2566426 (11th Cir. June 30, 2011), raises two fascinating issues, but we only offer our opinions about one of them. The facts in Williams are unfortunate, as is true with most of the cases we handle.

The plaintiff, a young lady, was being evaluated for possible infertility. Her treating gynecologist (doctor #1) found an ovarian cyst and drained it. During that procedure, he also found “significant dense adhesions that had resulted from a prior surgery some years before,” 2011 WL 2566426, at *1 – surgery that, oddly in our view, was not further described or discussed.

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