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Torts Keyed to Dobbs
Merck & Co. v. Garza
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
At the time of his death on April 21, 2001, Plaintiffs’ husband and father Leonel Garza was seventy-one years old and had a history of heart problems. On March 27, 2001, Garza visited his cardiologist Dr. Evans because he had been experiencing numbness, left arm pain and weakness that he had experience on and off for 24 hours. Dr. Evans gave him Vioxx to ease the pain in his arm; Garza had never taken Vioxx prior to this prescription. On April 4, Garza returned to obtain his stress test results, this time seeing Dr. Evans’ partner, Dr. Posada. Because Garza’s stress test showed a mild abnormality, Dr. Posada recommended a cardiac catheterization, which Garza declined pending his next appointment with Evans. Although Dr. Posada does not recall giving Garza more Vioxx, Garza’s wife testified that he did. On April 21, Garza died of a heart attack. His wife and children sued Merck on design and marketing defect strict liability claims based on allegations that Vioxx caused Garza’s death. The jury found in favor of the plaintiffs, Merck appealed, and the appeals court reversed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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