Device’s Package Insert Constitutes Inadmissible Hearsay, Iowa High Court Rules

DES MOINES, Iowa — The Iowa Supreme Court has overturned a $100 million verdict against an OBGYN clinic in a medical malpractice action, ruling that a new trial is warranted because the trial court erred in admitting a package insert for the vacuum used to deliver the plaintiff’s son.

In a Nov. 8 opinion, the court ruled that the package insert constituted hearsay and its admission prejudiced the clinic, requiring a new trial.

““We agree with the clinic that the origin of the insert is significant,” the court held. “The insert was written by the manufacturer of the vacuum. Admission …