Legal Opinion
Jon Liebsack v. United States
Court of Appeals for the Ninth Circuit
Decided September 23, 2013No. 11-35158, 11-35479, 11-35535PublishedCited by 27 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
Madlyn Liebsack suffered from a schi-zoaffective disorder that was treated, in part, with lithium. In 2002, she had a heart attack due to an elevated level of lithium in her bloodstream and was left in a permanent vegetative state. Her guardian, Edward Liebsack, sued the United States under the Federal Tort Claims Act (“FTCA”), asserting that federal health care providers negligently failed to monitor Madlyn’s lithium levels. The government’s primary defense at the ensuing bench trial was that the fault lay with another, nonfederal healthcare provider.…
2Cases cited21 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Roderic R. McDowell v. Pernell BrownCourt of Appeals for the Eleventh Circuit · 2004
- Molzof v. United StatesSupreme Court of the United States · 1992
- Elsayed Mukhtar v. California State University, HaywardCourt of Appeals for the Ninth Circuit · 2002
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Leslie Coleman v. United StatesCourt of Appeals for the Fifth Circuit · 2019
- Gregory Edison v. United StatesCourt of Appeals for the Ninth Circuit · 2016
- Yassir Fazaga v. FbiCourt of Appeals for the Ninth Circuit · 2019
- Estate of Goldberg ex rel. Goldberg v. NimoitynDistrict Court, E.D. Pennsylvania · 2016
- Yesenia Pacheco v. United StatesCourt of Appeals for the Ninth Circuit · 2022
22 more not listed; retrieve them via the Exa API.