Vergott v. Deseret Pharmaceutical Co.

DYER, Circuit Judge:

In this diversity case a jury found Deseret Pharmaceutical Company liable for the manufacture of a defective intracath needle which caused a catheter to break off in a vein in Vergott’s arm. The jury also found that the negligence of the nurse that performed the procedure, an employee of Mercy Hospital, a third party defendant, was not a proximate cause of Vergott’s injuries. The court directed a verdict for Bard, the other third party defendant, who purchased and distributed the intracath needle, and denied Deseret’s pleas for contribution. Deseret appeals. We affirm.

While…