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Dissent.pdf

2019-06-28.hecht.pdf
Preview of Dissent
🔗 Source: docs.texasappellate.com
📊 Size: 145 KB
👤 Author: OMcCarthy
⬇️ Downloads: 119

Summary

Courtney McKenzie-Thue, a 33-year-old woman with rare Stage IV appendiceal cancer, underwent an experimental clinical-trial procedure at the University of Texas M.D. Anderson Cancer Center. The procedure, which involved surgery and chemotherapy, was performed flawlessly, but McKenzie-Thue died two days later due to complications from the use of sugar water (D5W) in the chemotherapy solution. The Supreme Court of Texas held that M.D. Anderson's immunity from the wrongful-death suit is waived under the Texas Tort Claims Act because the plaintiffs claimed that the death was proximately caused by the negligent use of the sugar water. However, Chief Justice Hecht dissented, arguing that the use of sugar water was an integral part of the procedure and that the Court's decision imposes strict liability for any bad result from surgery, departing from the Act and previous caselaw.

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Courtney McKenzie-Thue, a 33-year-old woman with rare Stage IV appendiceal cancer, underwent an experimental clinical-trial procedure at the University of...

Technical Information

  • File Format: PDF
  • File Size: 145 KB
  • Pages: 22
  • Language: EN
  • Author: OMcCarthy
  • Total Downloads: 119
  • Last Updated: 3 weeks ago

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