9th Cir. Remands Somatics ECT Device Case to Calif. Federal Court

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has remanded to California federal court an action involving alleged injuries caused by Somatics LLC’s electroconvulsive therapy (ECT) device, following a determination by the California Supreme Court that plaintiffs can establish causation by showing that a stronger warning provided to doctors would have caused a prudent patient to decline the treatment.

In answering a question certified by the 9th Circuit, the state high court, on June 20, held that plaintiffs are not required to show that a stronger warning would have altered the doctor’s decision to prescribe the product.

“Instead, …