Hamer v. LivaNova Deutschland GmbH

994 F.3d 173 (2021)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Hamer v. LivaNova Deutschland GmbH

United States Court of Appeals for the Third Circuit
994 F.3d 173 (2021)

Facts

In 2017, Kyle Hamer (plaintiff) developed an infection after undergoing a surgical procedure that had been performed using a 3T Heater-Cooler System manufactured by LivaNova Deutschland GmbH (LivaNova) (defendant). The hospital had experienced an outbreak of non-tuberculosis mycobacterium (NTM) infections in other patients who had undergone surgeries involving the 3T system. Doctors thus suspected that Hamer had an NTM infection and treated Hamer accordingly, even though Hamer’s bacterial cultures never tested positive for NTM. Hamer allegedly suffered lasting injuries from the infection. Hamer sued LivaNova in federal court in Louisiana, asserting that LivaNova had violated the Louisiana Products Liability Act (LPLA) because the 3T system was defectively designed. A judicial panel on multidistrict litigation (JPML) transferred Hamer’s case to a multidistrict litigation (MDL) in federal court in Pennsylvania with other cases alleging injuries from NTM infections caused by the 3T system. The Pennsylvania court entered a case-management order requiring each plaintiff to show a positive bacterial culture proving that the plaintiff had suffered a postsurgical NTM infection. Hamer could not comply with the order because he lacked a positive bacterial culture. The court thus dismissed Hamer’s claims with prejudice and denied Hamer’s motion to remand the action to the Louisiana court without considering Hamer’s argument that his complaint stated a prima facie claim under the LPLA. Hamer appealed.

Rule of Law

Issue

Holding and Reasoning (Roth, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership