ALVAREZ v. SMITH

No. 97-1522.

714 So.2d 652 (1998)

Jose L. ALVAREZ and Mirna M. Alvarez, Appellants, v. Richard C. SMITH and Matthews Orthopaedic Clinic, Appellees.

District Court of Appeal of Florida, Fifth District.

July 31, 1998.


Attorney(s) appearing for the Case

Alberto E. Lugo-Janer, Windermere, for Appellants.

Marjorie M. Cain of Fuller, Johnson & Farrell, P.A., Tallahassee, for Appellees.


GOSHORN, Judge.

Appellants Jose and Mirna Alvarez appeal from a final judgment entered pursuant to an adverse jury verdict. Appellants' complaint alleged that during a medical operation metallic screws were implanted in Jose's spine in a procedure for which the screws had not been approved by the Food and Drug Administration (FDA) and which was classified by the FDA as "experimental or investigational." At issue is whether there was a duty to inform Appellants of...

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