RUFER v. ABBOTT LABORATORIES

No. 75116-1.

114 P.3d 1182 (2005)

154 Wash.2d 530

Jennifer RUFER and David Rufer, individually, and as husband and wife, Petitioners, v. ABBOTT LABORATORIES, University of Washington Medical Center, and Hisham Tamimi, M.D., Respondents.

Supreme Court of Washington, En Banc.

Decided June 30, 2005.


Attorney(s) appearing for the Case

Paul Nicholas Luvera, Joel Dean Cunningham, J. Andrew Hoyal, David Merritt Beninger, Luvera Barnett Brindley Beninger, et al., Evy F. McElmeel, Howard Mark Goodfriend, Catherine Wright Smith, Edwards Sieh Smith & Goodfriend PS, Seattle, for Petitioners.

Bradley S. Keller, Kimberly Ann Boyce, Michael Barr King, Lane Powell Spears Lubersky LLP, Seattle, Lara Levitan, Abbott Laboraties, Abbott Park, IL, William James Leedom, Bennett Bigelow Leedom PS, Seattle, Thomas Durkin, Sheila Finnegan, Javier Rubinstein, Mayer Brown Rowe & Maw, Chicago, IL, for Respondents.

Gregory Mann Miller, Seattle, James C. Martin, Paul D. Fogel, Raymond Cardozo, Reed, Smith, Corsby, Heafey, San Francisco, CA, for Amicus Curiae Advanced Medical Technology Ass'n.

Christopher W. Tompkins, Betts Patterson & Mines PS, Seattle, Robert N. Weiner, Arnold & Porter, Washington, DC, Hugh F. Young, Product Liability Advisory Council, Inc., Reston, VA, for Amicus Curiae Product Liability Advisory Council, Inc.

Stewart Andrew Estes, Keating Bucklin & McCormack, Shilpa Bhatia, Wilson Smith Cochran Dickerson, Stephen H. Goodman, Graham & Dunn PC, Seattle, for Amicus Curiae Washington Defense Trail Lawyers.

Bryan Patrick Harnetiaux, Debra Leigh Williams Stephens, Spokane, for Amicus Curiae Washington State Trial Lawyers Ass'n.


FAIRHURST, J.

¶ 1 Jennifer and David Rufer sued the University of Washington Medical Center (UWMC) and Abbott Laboratories for medical malpractice and product liability, respectively, after Jennifer underwent lung surgery, a hysterectomy, and chemotherapy — none of which turned out to be medically warranted. The Rufers were ultimately successful in their lawsuit but now ask this court to review the Court of Appeals decision on two discrete issues. First...

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