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Negligence: Res Ipsa Loquitor-Hepatitis C Infection-Jury Instructions

Staff Report//August 18, 2023//

Negligence: Res Ipsa Loquitor-Hepatitis C Infection-Jury Instructions

Staff Report//August 18, 2023//

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Where a plaintiff claimed that he contracted Hepatitis C by participating in blood draws during the defendant’s research program, the jury instructions on the res ipsa loquitor claim were not erroneous, and the jury verdict in favor of the defendant is affirmed because the plaintiff also did not show error in the admission of the defendant’s expert witness testimony.

Judgment is affirmed.

Wallace v. Pharma Medica Research, Inc. (MLW No. 80368/Case No. 22-1375 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Eastern District of Missouri, Cohen, J. (Brian M. Wendler, Maryville, IL argued for appellant) (Terese Adele Drew, St. Louis, MO argued for appellee; Joshua G. Vincent and Stephen D. Mehr appeared on the brief).

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