DALE L. Cynthia J. Thomas E. Wright, and C. Clinton, M. John W. This is a medical malpractice and products liability case brought by Brenda and Bennie Humes on behalf of their nonviable fetus, as heirs at law of the fetus, and individually against Dale L. Appellants Clinton and ALZA Corporation have perfected an interlocutory appeal of the district court's ruling denying them summary judgment on appellees Humes' claim for wrongful death, pain and suffering, strict liability, and negligence per se.
Appellees Humes cross-appeal the district court ruling granting summary judgment to Dr. Clinton on Brenda Humes' claim for emotional and physical injuries resulting from a previous abortion. In reviewing a summary judgment, we must consider the record in the light most favorable to the party against whom summary judgment was entered.
Mick v. Mani, Kan. Elkins, Kan. The district court found the following facts uncontroverted or most favorable to the Humes:. The IPCS is inserted by a physician into the patient's uterus for purposes of contraception. The physician information sheet prepared by ALZA states that the physician "should" provide the patient the patient information sheet and discuss with the patient the use of the IPCS.
The physician information sheet and patient information sheet provide notice that pregnancy can occur with use of the IPCS and that for continued protection the system must be replaced after twelve months of use because the "contraceptive effectiveness of the system is retained for one year.
Even though Dr. Instead, Dr. Clinton gave Brenda Humes an information sheet prepared by himself. This written material included language that "pregnancies are rare" and that the IUD "should be changed about every 15 months. Clinton and given to Brenda Humes instructed her to replace the IUD before 16 months because the "progesterone runs out by this time. Brenda Humes followed the advice of Dr.
