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HIMES v. SOMATICS, LLC

No. 21-55517.

29 F.4th 1125 (2022)

Michelle HIMES; Marcia Benjamin; Daniel Benjamin, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants, and Jose Riera; Deborah Chase; Diane Scurrah, Plaintiffs, v. SOMATICS, LLC, Defendant-Appellee, and Mecta Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2022.

ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF CALIFORNIA

The key legal question in the surviving claims in this case revolves around the causation element in a failure-to-warn case against a medical product manufacturer: Can a plaintiff meet the causation requirement by showing that the physician (if informed of the potential dangers in using the product) would have relayed stronger warnings to the patient such that a prudent person would have declined using...

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