SOUTHARD v. TEMPLE UNIVERSITY HOSP.


781 A.2d 101 (2001)

Branes N. SOUTHARD and Deborah Southard, Appellees, v. TEMPLE UNIVERSITY HOSPITAL and David H. Clements, III, M.D., and William F. Young, M.D., John Reed, Intervenor. Appeal of David H. Clements, III, M.D. and William F. Young, M.D.

Supreme Court of Pennsylvania.

Decided September 26, 2001.


Attorney(s) appearing for the Case

J. Kurt Straub, Philadelphia, for Temple University Hosp., David H. Clements, III, M.D., and William F. Young, M.D.

Robert B. Hoffman, Harrisburg, for amicus curiae American Medical Assn.

Murray S. Levin, James Michael Beck, Philadelphia, for Medtronic Sofamor Danek, Inc.

Christine Anne Hodson, Daniel F. Ryan, Plymouth Meeting, for amicus curiae Pennsylvania Medical Society.

John P. Kopesky for Barnes and Deborah Southard.

Richard L. Orwig, Reading, for amicus curiae Pennsylvania Trial Lawyers Assn.

Paul E. Peel, Daniel F. Ryan, Plymouth Meeting, for John Reed.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, and SAYLOR, JJ.


OPINION

Justice CAPPY

We granted allocatur limited to the issue of whether the doctrine of informed consent requires surgeons to advise their patients of the Food and Drug Administration ("FDA") regulatory status of a medical device. We conclude that there is no such requirement, and therefore we reverse that portion of the Superior Court's order that held otherwise.

Appellee Branes Southard injured...

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