Evelyn HEINRICH, on behalf of her husband, George Heinrich, and Henry M. Sienkewicz, on behalf of his mother, Eileen Rose Sienkewicz Jr., Plaintiffs, Appellants, Cross-Appellees,
Rosemary Gualtieri, on behalf of her father, Joseph Mayne, and Walter Carl Van Dyke, Representative of the Estate of Walter Carmen Van Dyke, Plaintiffs, Appellants,
v.
Elizabeth Dutton SWEET and Frederick H. Grein Jr., Representatives of the Estate of William H. Sweet, M.D., and Massachusetts General Hospital, Defendants, Appellees, Cross-Appellants,
United States of America, Defendant, Appellee,
Estate of Lee Edward Farr, Associated Universities, Inc., and Massachusetts Institute Of Technology, Defendants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 7, 2002.
Decided August 27, 2002.
Attorney(s) appearing for the Case
Anthony Z. Roisman with whom John K. McGuire Jr., McGuire & McGuire, P.C., Martin H. Freeman, Freeman & Freeman, P.C., John M. Clifford, Billie P. Garde, and Clifford, Lyons & Garde were on brief for appellants, cross-appellees.
James B. Re with whom Karen W. Salon and Sally & Fitch were on brief for appellees, cross-appellants Elizabeth Dutton Sweet and Frederick H. Grein Jr., Representatives of the Estate of William H. Sweet, M.D.
Joseph L. Doherty Jr. with whom Christopher J. Maley and Martin, Magnuson, McCarthy & Kenney were on brief for appellee, cross-appellant Massachusetts General Hospital.
Robert D. McCallum Jr., Assistant Attorney General Civil Division, with whom J. Patrick Glynn, Director, Torts Branch, David S. Fishback, Assistant Director, Torts Branch, and Burke M. Wong, Trial Attorney, Torts Branch, were on brief for appellee United States.
Pamela P. Heacock, Paul W. Johnson, and Smith & Duggan LLP were on brief for amici curiae Professional Liability Foundation, Ltd., Massachusetts Medical Society, American Medical Association, and American College of Surgeons.
Before LYNCH, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
This is a medical malpractice case, brought in 1995, for the deaths of two Massachusetts General Hospital (MGH) patients in 1961. The plaintiffs sued the doctor and institutions responsible for treating their decedents, Eileen Sienkewicz and George Heinrich, who suffered from a terminal form of brain cancer, with an experimental treatment known as boron neutron capture therapy (BNCT). BNCT proved not...
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