1. 51. Kernke v. The Menninger Clinic Inc., 172 F.Supp.2d 1347 (D. Kan. 2001).
2. The Therapeutic Orientation to Clinical Trials
3. 89. Some states, such as Pennsylvania and Tennessee, still emphasize battery as the cornerstone of the duty to disclose. See Morgan v. MacPhail, 704 A.2d 617, 620 (Pa. 1997); Duttry v. Lewis T. Patterson, M.D., 771 A.2d 1255 (Pa. 2001); Cardwell v. Bechtol, 724 S.W.2d 739 (Tenn. 1987); Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998).
4. 115. In Diaz v. Tampa General Hospital , such reasoning led to a high-dollar settlement in a case where no physical injury was ever claimed. Plaintiffs argument was that sophisticated consent forms were tantamount to inadequate research disclosures for pregnant women whose socioeconomic and cultural status impeded their comprehending the information they were given. Plaintiffs were poor, uneducated, mostly Spanish-speaking women who said that they did not understand the three-page, IRB-approved consent form. In addition to conceding there was no injury, the plaintiffs also agreed that they had signed the consent form. When the case was certified as a class action, defendants determined they could not afford to defend the suit. A settlement of $3.8 million closed the case. Diaz v. Tampa General Hospital, 2000 WL1682918 (M.D. Fla. 2000). See also Research “Roundtable Report on Diaz v. Tampa General,” at .
5. 69. McCloud v. Seier, 567 SW2d 127 (Mo. 1978); Garcia v. Coffman, 946 P.2d 216 (N.M. App. 1997); Lockert v. Goodill, 430 P.2d 587 (Wash. 1967); Miller v. Kennedy, 522 P.2d 852, 860–61 (Wash. Ct. App. 1974), aff’d, 530 P.2d 334 (Wash. 1975); Hammonds v. Aetna Cas. & Sur. Co., 243 F.Supp. 793, 801–01 (N.D. Ohio 1965); Murphy v. Godwin, 303 A.2d 668 (Del. Super. 1973); Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998); Sard v. Hardy, 379 A.2d 1014 (Md. App. 1977); Roy v. Hartogs, 366 N.Y.S.2d 297 (N.Y. 1975); Gates v. Jensen, 595 P.2d 919 (Wash. 1979); Bowman v. McPheeters, 176 P.2d 745, 748 (Cal. 1947); Natanson v. Kline, 350 P.2d 1093, 1101, 1103 (Kan. 1960); Berkey v. Anderson, 82 Cal. Rptr. 67, 77–78 (Cal. App. 2 Dist. 1969); Tighe v. Ginsberg, 540 NYS 2d 99 (1989); Mac-Donald v. Clinger, 446 NYS 2d 801 (1982); Wohlgemuth v. Meyer, 293 P.2d 816 (Cal. App. 1 Dist. 1956); Moore v. Regents of the Univ. of Cal., 793 P.2d 479, 483 (Cal. 1990); Petrillo v. Syntex Laboratories, Inc., 499 N.E.2d 952 (Ill. App. 1 Dist. 1986); Lownsbury v. VanBuren, 762 N.E.2d 354 (Ohio 2002).