11th Circ. Sends Infant Study Question To Ala. High Court

Law360, New York (July 7, 2017, 4:44 PM EDT) -- The Eleventh Circuit has asked the Alabama Supreme Court to determine whether state law would allow the parents of premature infants who participated in a study to proceed on claims of lack of informed consent, despite not being able to prove the study injured their children, saying the issue has never been addressed by Alabama courts.

The Eleventh Circuit said Thursday that although it agreed with the district court’s decision to dismiss negligence and product liability claims, it was unclear whether the parents needed to prove the study caused their children’s injuries — which included neurological damage and vision impairment —...

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