Civil Procedure Keyed to Subrin
Temple v. Synthes Corp
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Petitioner underwent surgery in October 1986 during which a plate and screw device was implanted in his lower spine. The device was manufactured the Respondent. Dr. S. Henry LaRocca (Dr. LaRocca) performed the surgery in New Orleans, Louisiana. Following the surgery, the device’s screws broke off inside Petitioner’s back. Petitioner filed suit against Respondent in federal district court, alleging defective design and manufacture of the device. At the same time, Petitioner filed a state administrative proceeding against Dr. LaRocca and the hospital for malpractice and negligence. At the conclusion of the state proceeding, Petitioner filed suit against Dr. LaRocca and the hospital in Louisiana state court. Respondent did not attempt to bring Dr. LaRocca and the hospital into the suit by means of a third party complaint, but instead filed a motion to dismiss Petitioner’s federal suit for failure to join necessary parties under FRCP Rule 19. Following the motion, the district court ordered Petitioner to join the doctor and hospital as defendants or risk dismissal. When Petitioner failed to join them, the court dismissed the suit with prejudice. Petitioner appealed, and the Court of Appeals for the Fifth Circuit affirmed. The Supreme Court of the United States (Supreme Court) granted certiorari.
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