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VERGOTT v. DESERET PHARMACEUTICAL COMPANY, INC.

No. 71-3327.

463 F.2d 12 (1972)

Maria Elena VERGOTT, et vir, Plaintiffs-Appellees, v. DESERET PHARMACEUTICAL COMPANY, INC., Defendant-Appellant, C. R. Bard, Inc., Defendant-Appellee, Sisters of Mercy of the Union of the United States of America, Province of St. Louis, Inc., d/b/a Mercy Hospital, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1972.

Attorney(s) appearing for the Case

Thomas G. Sharpe, Jr., Brownsville, Tex., Finis E. Cowan, Houston, Tex., for defendant-appellant; Baker & Botts, Houston, Tex., of counsel.

Gary Gurwitz, McAllen, Tex., for Bard.

Gordon L. Briscoe, Harlingen, Tex., Philip K. Maxwell, Corpus Christi, Tex., Adams, Graham, Lewis, Jenkins & Graham, McAllen, Tex., Cox, Wilson, Duncan & Black, Brownsville, Tex., for Sisters of Mercy etc.

William R. Edwards, Edwards & De Anda, Corpus Christi, Tex., John E. Fitzgibbon, Laredo, Tex., for Vergott.

Before DYER, Circuit Judge, SKELTON, Judge, and INGRAHAM, Circuit Judge.

DYER, Circuit Judge:

In this diversity case a jury found Deseret Pharmaceutical Company liable for the manufacture of a defective intracath needle which caused a catheter to break off in a vein in Vergott's arm. The jury also found that the negligence of the nurse that performed the procedure, an employee of Mercy Hospital, a third party defendant, was not a proximate cause of Vergott's injuries. The court directed a verdict for Bard, the other third party defendant...

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