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KISSINGER v. LOFGREN

Nos. 86-1372, 86-1402 and 86-1403.

836 F.2d 678 (1988)

Walter B. KISSINGER, Plaintiff, Appellee, v. Robert H. LOFGREN, et al., Defendant, Appellee. John P. Remensnyder, Defendant, Appellant. Walter B. KISSINGER, Plaintiff, Appellee, v. Robert H. LOFGREN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 5, 1988.

Attorney(s) appearing for the Case

Raymond J. Kenney, Jr., with whom Linda E. Neary and Martin, Magnuson, McCarthy & Kenney, Boston, Mass., were on brief for appellant John P. Remensnyder.

Joseph P. Musacchio with whom Robert P. Powers and Melick & Porter, Boston, Mass., were on brief for appellant Robert H. Lofgren.

Joel A. Kozol with whom Robert D. Kozol, Jane P. Morse and Friedman & Atherton, Boston, Mass., were on brief for plaintiff, appellee.

Before COFFIN, Circuit Judge, BROWN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

TORRUELLA, Circuit Judge.

Walter B. Kissinger suffered from severe and chronic pain following an operation performed by Dr. Robert H. Lofgren and assisted by Dr. John P. Remensnyder. Kissinger brought suit against the doctors alleging negligence and lack of informed consent under Massachusetts tort law. The jury found that the defendants had not negligently carried out the operation. However, the jury concluded that the doctors had failed to advise Kissinger beforehand...

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