Lewis v. Moore, No. 15-13979 (11th Cir. 2017)Annotate this Case
Plaintiffs filed suit against defendants for harms allegedly suffered by plaintiffs when plaintiffs were enrolled in a clinical study while being treated for health issues accompanying their premature births. The Eleventh Circuit held that plaintiffs' negligence, negligence per se, breach of fiduciary duty, and products liability claims were not viable under Alabama law, and the district court correctly dismissed them. The Eleventh Circuit certified to the Alabama Supreme Court: Must a patient whose particular medical treatment is dictated by the parameters of a clinical study, and who has not received adequate warnings of the risks of that particular protocol, prove that an injury actually resulted from the medical treatment in order to succeed on a claim that his consent to the procedure was not informed?
The court issued a subsequent related opinion or order on March 30, 2018.