Meschino v. North American Drager
United States Court of Appeals for the First Circuit
841 F.2d 429 (1988)
- Written by Kyli Cotten, JD
Facts
Lorraine Ann Meschino (plaintiff) sustained injuries from oxygen deprivation when a valve was incorrectly placed during a surgical procedure she underwent. Meschino sued numerous parties including medical staff, the hospital, and companies responsible for the make of the defective valve (defendants). At trial, Meschino sought to introduce two articles published by Health Devices Magazine against the defendants. An expert for the defendants categorized the article as “spotty.” The court excluded the evidence, ruling that it was not a reliable authority. Judgment was rendered in favor of the defendants. On appeal, Meschino argued that the two articles should have been admitted under the learned-treatise exception to hearsay because the articles were published by a reputable journal.
Rule of Law
Issue
Holding and Reasoning (Aldrich, J.)
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