Del Mar v. Ethicon Endo-Surgery, Inc. CA2/2
After a woman died from complications from the insertion of a gastric lap band, her two daughters sued the medical practitioners who inserted the device as well as the device’s potential manufacturers. The case against the practitioners proceeded to contractual arbitration, while the case against one of the manufacturers remained in court. The trial court subsequently dismissed the case against that manufacturer due to the daughters’ failure to bring it to trial within five years. The daughters appeal. We conclude that the trial court did not abuse its discretion or otherwise err in dismissing the case, and accordingly affirm.
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