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Torts Keyed to Prosser
Tresemer v. Barke
Citation:
86 Cal. App. 3d 656 (1978)Facts
In May 1972, Dr. Richard Barke inserted a Dalkon Shield intrauterine device (IUD) in Roberta Tresemer. In January 1975, Tresemer learned through media reports that the Dalkon Shield had been associated with serious health risks, including septic abortions, pelvic inflammatory disease, and uterine perforations. Upon learning this information, Tresemer contacted Dr. Barke to have the device removed. She subsequently filed a lawsuit against Dr. Barke in January 1976, alleging that he had a continuing duty to warn her of the dangers associated with the Dalkon Shield once these dangers became known to the medical community, and that his failure to do so constituted negligence, fraud, and breach of fiduciary duty.
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