1st Cir. Upholds Dismissal of Fraud Suit Against Authors, Publishers of Case Report Used at Trial

BOSTON — A federal appeals court upheld dismissal of fraud claims brought against the authors and publishers of a case report that was presented in two medical malpractice trials, finding the plaintiffs failed to show how the report caused them to lose their cases.

In an Oct. 16 opinion, the 1st Circuit U.S. Court of Appeals ruled that the plaintiff’s claim did not reach the plateau of plausibility that is the "new normal in federal civil procedure."

Plaintiffs A.G. and K.S. were born with permanent brachial plexus injuries. Through their mothers, plaintiffs brought separate medical malpractice actions against the …