CARLSEN v. JAVUREK

No. 75-1023.

526 F.2d 202 (1975)

Ed CARLSEN, Special Administrator of the Estate of Donna Marie Carlsen, Deceased, Appellant. v. A. J. JAVUREK, M. D., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1975.

Rehearing Denied December 19, 1975.


Attorney(s) appearing for the Case

Franklin J. Wallahan, Rapid City, S. D., for appellant.

William G. Porter, Rapid City, S. D., for appellees A. J. Javurek and Rueben Trinidad.

Thomas E. Simmons, Rapid City, S. D., for appellee C. F. Johnson.

Curtis D. Ireland, Rapid City, S. D., for appellee Abbott Laboratories.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and KILKENNY, Senior Circuit Judge.


BRIGHT, Circuit Judge.

Donna Marie Carlsen underwent surgery at St. Joseph's Hospital in Deadwood, South Dakota, on January 5, 1972, for an elective cholecystectomy (gall bladder removal).1 The surgery was performed under Penthrane (Methoxyflurane), a general halogenated anesthetic.2 Subsequent to surgery, Mrs. Carlsen developed a liver dysfunction which resulted in her death on January 17, 1972. Her husband...

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