Every now and then something happens that's unique.
It's hardly unique for defense counsel to send us a case, with
his/her client's consent and invite us to blog about it –
but only once in twelve years has that happened where the result
was a loss. That decision was Mantgem v. Spinal
Kinetics, No. 19CV350146, slip op.
(Cal. Super. June, 11 2020), and it certainly involved unusual
facts and procedure. Unusual facts: The plaintiff, a
resident of California, was a medical tourist. She
"traveled to Germany to undergo" surgery with a medical
device that had not yet been approved in the United States.
Slip.
op. at 1. According to the complaint she received
informed consent in Germany. Id.
