From the Courtroom: How We Convinced a Jury that CDC Guidelines Do Not Establish the Standard of Care in a Recent Swine Flu Case

Abstract

In a recent medical malpractice jury trial regarding the failure to administer Tamiflu, we employed several different strategies to persuade the jury that the CDC guidelines do not establish the standard of care. This article outlines those strategies, some of which were more effective than other. Ultimately, we found that it was more effective to embrace the guidelines rather than trying to fight them.