FAVROS NEWS

On August 23, 2022, FAVROS appellate lawyer Amanda Thorsvig successfully affirmed dismissal in the Court of Appeals of an over 2,500 person class in a large class action lawsuit against a healthcare institution.  The class claimed damages associated with “fear of contracting a virus” from a notification letter that the healthcare institution sent to thousands in an abundance of caution after becoming aware of potential Hepatitis C exposure in the emergency department.  The Court of Appeals adopted the defense argument that legal causation, including considerations of logic, common sense, justice, policy and precedent, disfavored allowing these attenuated emotional distress claims to proceed when weighed against the public policy of encouraging medical institutions to be open, transparent, and overinclusive in public health notifications.  This marks Amanda’s seventh consecutive win in the Court of Appeals upholding favorable trial court decisions for her clients and establishing pro-healthcare provider legal precedent for future cases.

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