Michelle Himes v. Somatics, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHELLE HIMES; et al., No. 21-55517

Plaintiffs-Appellants, D.C. No. 2:17-cv-06686-RGK-JC and

JOSE RIERA; et al., MEMORANDUM*

Plaintiffs,

v.

SOMATICS, LLC,

Defendant-Appellee,

and

MECTA CORPORATION,

Defendant.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted March 7, 2022 Submission Vacated April 1, 2022 Resubmitted August 9, 2024 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 Before: IKUTA, LEE, and FORREST, Circuit Judges.

Michelle Himes, Marcia Benjamin, and Daniel Benjamin sued Somatics, LLC

for negligence, strict liability, and loss of consortium. They alleged injury arising

from use of Somatics’ electroconvulsive therapy product, the Thymatron ECT

Machine. In April 2022, we issued a memorandum disposition affirming “the…