Tresemer v. Barke
California Court of Appeal
86 Cal. App. 3d 656, 150 Cal. Rptr. 384, 12 A.L.R. 4th 27 (1978)
- Written by Eric Miller, JD
Facts
Dr. Morton Barke (defendant) inserted a Dalkon Shield—an intrauterine birth-control device—for Donna Tresemer (plaintiff). Tresemer later brought a medical-malpractice action against Barke, alleging that Barke (1) inserted the device without properly investigating its safety and (2) failed to warn Tresemer after he learned of health risks posed by the device. It was established that the medical community considered the Dalkon Shield to be safe at the time Barke inserted the device for Tresemer in 1972 but that safety issues became known about two years later, causing the device to be taken off the market. The court granted summary judgment in favor of Barke. Tresemer appealed.
Rule of Law
Issue
Holding and Reasoning (Stephens, J.)
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