MESCHINO v. NORTH AMERICAN DRAGER, INC.

No. 87-1777.

841 F.2d 429 (1988)

Lorraine Ann MESCHINO, etc., et al., Plaintiffs, Appellants, v. NORTH AMERICAN DRAGER, INC., d/b/a N.A.D., Inc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 9, 1988.

Rehearing Denied March 11, 1988.


Attorney(s) appearing for the Case

David J. Oliveira, Peter Lawson Kennedy, Adler Pollock & Sheehan Inc., Alfred Factor and Kirshenbaum & Kirshenbaum, Providence, R.I., on brief, for appellants.

Craig M. Walker, with whom Klaus H. Jander, Donald M. Dunn, Joseph T. Cardany, Walter, Conston, Alexander & Green, P.C., New York City, Andrew R. Grainger, P.C. and Peabody & Brown, Boston, Mass., were on brief, for appellee N.A.D., Inc.

Robert P. Powers, with whom Jeffrey C. Melick, Joseph P. Musacchio and Melick & Porter, Boston, Mass., were on brief, for appellee Boehringer Laboratories, Inc.

Joseph L. Doherty, Jr., with whom John C. DeSimone and Martin, Magnuson, McCarthy & Kenney, Boston, Mass., were on brief, for appellee Bay State Anesthesia, Inc.

Before BOWNES, ALDRICH and TORRUELLA, Circuit Judges.


BAILEY ALDRICH, Senior Circuit Judge.

Plaintiff Lorraine Ann Meschino,1 while totally anesthetized on the operating table for a surgical procedure, suffered an episode of cardiac arrest due to an insufficient oxygen supply, resulting in damage to her brain. One immediate cause of the oxygen deficiency was defendant registered anesthetic nurse Woitkowski's insertion of a so-called "PEEP" valve manufactured by defendant Boehringer Laboratories...

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