Legal Opinion

Allen v. Brown Clinic, P.L.L.P.

Court of Appeals for the Eighth Circuit

Decided July 2, 2008No. 07-3181PublishedCited by 19 opinions

1Opinion of the Court

BYE, Circuit Judge.

Edwin and Joan Allen appeal an adverse jury verdict in a medical malpractice claim against Brown Clinic, P.L.L.P. and Dr. Edwin Gerrish. We affirm.

I

On July 7, 2003, Edwin underwent surgery for a hiatal hernia. 1 The surgery was performed at Brown Clinic by Dr. Edwin Gerrish. The evidence discusses two methods of hiatal hernia repair. With the first, an open repair, an incision is made in the stomach area while the patient is under general anesthesia. The surgeon tightens the hiatus, and may manually wrap the upper part of the stomach around the esophagus. The second method…

2Cases cited12 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Smith v. PhillipsSupreme Court of the United States · 1982
  4. United States v. Forriss D. ElliottCourt of Appeals for the Eighth Circuit · 1996
  5. Shannon Unrein v. Timesavers, Inc., Third Party v. Foley-Martens Company, Also Known as Foley-Belsaw Company, a Minnesota Corporation, Third PartyCourt of Appeals for the Third Circuit · 2005

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Cedar Hill Hardware & Construction Supply, Inc. v. Insurance Corp. of HannoverCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. Ricardo MitchellCourt of Appeals for the Third Circuit · 2012
  3. Kneibert Clinic, LLC v. SmithCourt of Appeals for the Eighth Circuit · 2010
  4. Benkendorf v. Advanced Cardiac Specialists CharteredCourt of Appeals of Arizona · 2012
  5. Damgaard v. Avera HealthDistrict Court, D. Minnesota · 2015

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API