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Spoliation: The Destruction of Evidence

A court can punish a party that destroys evidence Spoliation: Noun: “Destruction of a thing by the act of a stranger, as the erasure or alteration of a writing by the act of a stranger:” Spoliator: “A spoiler or destroyer.”  (Black’s Law Dictionary Revised 4^thedition.” So what does it mean? Missing evidence is usually what […]

When Medical Devices Harm

Medical device makers are nearly immune from lawsuits if their devices should injure, kill, or otherwise harm. A new case from Arizona’s Court of Appeals reaffirms some established law that makes suing medical device manufactures for negligence extremely difficult. Conklin v. Medtronics, Inc, held that the  premarket-approval (PMA) paragraph of the Federal Food Drug and Cosmetic […]

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