The Court of Appeals for the Fifth District of Texas’ recent opinion in Johnson & Johnson v. Batiste1 is just another example of the import Texas higher courts place on a plaintiff’s obligation to rule out alternative causes of personal injuries allegedly caused by a product. Certainly in the context of implantable medical devices, Batiste provides a “teachable moment” to counsel of the critical need to spend extra time gathering and understanding a patient’s complete medical and surgical history. In such a thorough review of this information often lies the evidence that makes or breaks a product liability case. [ Read more…]

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