SmartBrief
Confirm favorite deletion?
Products Liability Keyed Owen, 8th Ed.
Khan v. Shiley Inc.
Citation:
266 Cal. Rptr. 106 (1990)Facts
In July 1983, Judy Khan, age 33, received a Bjork-Shiley convexo-concave heart valve implant to replace her diseased mitral valve. Before surgery, she was advised of risks associated with mechanical heart valves but was not told about the risk of valve fracture. In November 1985, Khan’s surgeon informed her that Shiley had recalled the valve due to a propensity to fracture, which had resulted in deaths of other patients. Since learning of the recall, Khan experienced severe anxiety, emotional problems requiring treatment by mental health professionals, and physical symptoms associated with her anxiety. Although Khan’s valve continued to function properly, she lived in constant fear of sudden death from valve failure. Khan and her husband filed suit against Shiley and Pfizer, alleging various causes of action including negligence, fraud, breach of warranty, strict liability, and intentional infliction of emotional distress. The complaint alleged Shiley misrepresented the valve’s safety, concealed its history of strut fractures, and failed to provide adequate warnings of known risks.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- 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.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.