Farrell v. Johnson & Johnson
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The Supreme Court affirmed the judgment of the Appellate Court affirming the judgment of the trial court in favor of Defendants on numerous tort claims following an unsuccessful pelvic mesh surgery, holding that the trial court properly directed a verdict on Plaintiffs' innocent misrepresentation claim because that claim did not lie as a matter of law in this context.
In their complaint, Plaintiffs alleged lack of informed consent, innocent misrepresentation, negligent misrepresentation, intentional misrepresentation, and loss of consortium. The court directed a verdict for Plaintiffs on the innocent misrepresentation claim. After a trial, the jury returned a verdict for Defendants on the remaining counts. The Appellate Court affirmed. The Supreme Court affirmed, holding that the trial court properly (1) excluded two medical journal articles from evidence as hearsay when they had been offered to prove notice; and (2) directed a verdict for Defendants on the innocent misrepresentation claims.
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