Luke

Luke v. Family Care & Urgent Medical Clinics

Good Law
246 F. App'x 421
United States Court of Appeals for the Ninth CircuitAugust 21, 2007No. 06-35056California1,773 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Teresa Luke appeals from the district court’s grant of summary judgment in this diversity medical malpractice suit against certain doctors from the Family Care and Urgent Medical Clinic (“Clinic”) who did not detect her idiosyncratic fulminant liver failure and the Hi-School Pharmacy (“Pharmacy”) that provided her with Antabuse. The parties are familiar with the facts, and we do not repeat them except where necessary to the disposition of this case.

We review the district court’s grant of summary judgment de novo, and we affirm on all of Luke’s claims against the Pharmacy and Dr. Fisher in their entirety. We also affirm the district court’s grant of summary judgment to all defendants on the failure to warn claims under Washington’s informed consent law. As for Luke’s standard of care claims against the physician’s assistant and the supervising doctors from the Clinic, however, we vacate the district court’s order and remand for a ruling on the admissibility of Luke’s supplemental expert declarations and the new evidence concerning causation.

I.

Luke contends that the 1 in 25,000 chance of liver failure was a material risk, *423 and therefore the Clinic…

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