Thelen v. Somatics, LLC, 2023 U.S. Dist. LEXIS 165819
(Mag. M.D. Fla. Sept. 18, 2023), is the latest chapter in a saga we
have covered before. (We discussed decisions on expert
admissibility here, invalid claims here, confidentiality of medical records here, and the plaintiff's highly unusual
demand for a plant inspection here.) The plaintiff claimed to have suffered
injuries as a result of electroconvulsive therapy (ECT). The
plaintiff sued the manufacturer of the ECT medical device, pursuing
causes of action for negligence, strict liability, breach of
warranty, and violation of the Nebraska Consumer Protection
Act.
The plaintiff ultimately went to trial on his remaining claims
(negligence and strict liability) and recovered ... nothing. The
jury found a warning defect, which was nice for the plaintiff, but
also found no proximate causation, which was even nicer for the
defendant. Overall, we'd have to say the result was much nicer
for the defendant than the
