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McCorvey v. Baxter Healthcare Corp.

298 F.3d 1253 (2002)

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McCorvey v. Baxter Healthcare Corp.

United States Court of Appeals for the Eleventh Circuit
298 F.3d 1253 (2002)

MP

Facts

Charles McCorvey (plaintiff) was injured hours after a 30-cc Bard catheter that was inserted in him during a transurethral resection of his prostate erupted. The catheter was manufactured by C.R. Bard, Inc., and distributed by Baxter Healthcare Corporation (BHC) (defendants). The written instructions for the catheter advised that the catheter should be filled with no more than 36 cc’s of sterile water. McCorvey’s doctor inserted the balloon portion of the catheter with 50 cc’s of saline solution then deflated it before inserting it in McCorvey. Once the catheter was inserted in McCorvey, 50 cc’s of saline were again inserted into the balloon portion of the catheter, which erupted six hours later. McCorvey sued Bard and BHC for strict products liability. Under Florida law, in a strict-products-liability action, a legal inference is created that the product was defective at both the time of injury and the time of sale when the product malfunctions during normal operation. Bard and BHC moved for summary judgment and argued that McCorvey was not entitled to the inference because McCorvey’s doctor over-inflated the catheter beyond manufacturer-recommendations. Deposition testimony of McCorvey’s experts indicated that it was general medical practice to fill catheters to such volumes.

Rule of Law

Issue

Holding and Reasoning (Kravitch, J.)

Dissent (Hill, J.)

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