Bush v. Thoratec Corp., No. 14-30896 (5th Cir. 2015)Annotate this Case
Plaintiff filed suit against Thoratec, manufacturer of the Left Ventricular Assist Device (LVAD) implanted in her husband, and subsequently filed suit against the Government under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., based on medical malpractice committed by a heart surgeon and a nurse. The Government appealed the district court's order denying its motion for judgment on partial findings, and its amended judgment. Plaintiff appealed the district court's damages award. The court concluded that the district court did not err as a matter of law when it applied Virginia's common knowledge exception and held that plaintiff had proved her medical malpractice claim without offering expert testimony; because plaintiff failed to present the survivorship argument issue in her post-trial motion, the court may not consider it on appeal; and the district court's award was not clearly erroneous or contrary to right reason. Accordingly, the court affirmed the judgment.