April 15, 2008

Proximate Cause

You know me: I'm rarely sympathetic to tort plaintiffs, at least compared to most people. But this seems like a pretty good proximate cause case to me.

The chain of events is spelled out more clearly here:
1. The original woman buys hamster at PetSmart.

2. Hamster allegedly infects new owner with LCMV, a rodent-borne viral infectious disease.

3. The original owner then dies of unrelated stroke.

4. Dead owner’s organs are transplanted into various recipients including Thomas Magee, who has a liver transplant at Massachusetts General Hospital in April 2005.

5. Magee contracted LCMV and dies.

I'd be a sympathetic juror. It's actually pretty hard to find a tort case where I'd be a sympathetic juror, but this would be one.

Posted by Matt Bruce at April 15, 2008 12:54 PM
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