Professional Responsibility Keyed to Hazard
Balla v. Gambro, Inc.
Balla (Plaintiff), former in-house counsel for Gambro, Inc. (Defendant), advised Gambro (Defendant) to refuse a shipment of dialyzers from its German affiliate because the dialyzers did not comply with FDA regulations. The dialyzers were to be used by patients with little or no kidney function. At first, Gambro’s (Defendant) president informed Gambro Germany (Defendant) that it would not accept the machines, but he later agreed to accept them for sale. Plaintiff informed the president that he do whatever was necessary to stop the sale of the dialyzers. After Plaintiff was discharged from employment for Gambro (Defendant), he reported the shipment of the dialyzers to the FDA. The FDA determined that the dialyzers did not meet FDA requirements and seized them. Plaintiff then sought damages for retaliatory discharge. The trial court granted Gambro’s (Defendant) motion for summary judgment. The appellate court reversed. Gambro (Defendant) appealed
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