Miller v. Baxter Healthcare Corp.

MEMORANDUM *

This product liability suit arises out of the death of Mark Miller, who died in his hospital bed while connected to a patient-controlled analgesia (“PCA”) pump manufactured by defendant-appellee Baxter Healthcare Corporation. Plaintiffs-appellants, who are the daughters of the decedent, allege that the PCA pump malfunctioned and delivered excess morphine to Miller, causing his death. The district court granted Baxter’s motion for summary judgment. Because Plaintiffs failed to present evidence that would support a finding that the PCA pump malfunctioned or failed to perform as safely as an ordinary consumer would expect, they failed to make a showing sufficient to establish the existence of an element essential to their case. Accordingly, we affirm the district court’s grant of summary judgment.

The district court gained jurisdiction over the case when Baxter removed the case from state court pursuant to 28 U.S.C. §§ 1332 and 1441. This Court has jurisdiction over the appeal pursuant to 28 U.S.C. § 1291 .

We review de novo a district court’s grant of summary judgment. Triton Energy Corp. v. Square D Co., 68 F.3d 1216, 1220 (9th Cir.1995). Under Federal Rule of Civil…