Hurley v. Heart Physicians, P.C.
Supreme Court of Connecticut · 2010-09-14 · cited 57×
This case arose after a remand from a prior appeal in a product liability action under the Connecticut Product Liability Act. The plaintiff, who suffered cardiac arrest and brain damage after her pacemaker rate was lowered, claimed that a Medtronic representative caused the injury by adjusting the device despite knowing it needed replacement. Following a jury trial, the trial court entered judgment for the defendant, and the plaintiff appealed, challenging the framing of the remanded factual issue, the finding that the verdict was unanimous, and the admission of evidence regarding the treating physicians' alleged negligence on the question of causation. The Connecticut Supreme Court affirmed the judgment, concluding that the trial court properly stated the issue for trial, correctly determined the verdict was unanimous after polling the jury, and appropriately allowed evidence of alternative causes including physician negligence to rebut the plaintiff's causation claim.