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GUGINO v. HARVARD COMMUNITY HEALTH PLAN

380 Mass. 464 (1980)

403 N.E.2d 1166

JEANNE E. GUGINO vs. HARVARD COMMUNITY HEALTH PLAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 23, 1980.

Attorney(s) appearing for the Case

Alanna G. Cline for the plaintiff.

Marcia Sneden for the defendants.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

BRAUCHER, J.

The plaintiff seeks to recover damages for personal injuries as a result of the alleged malpractice of the defendants with respect to an intrauterine contraceptive device, the Dalkon Shield. A medical malpractice tribunal convened pursuant to G.L.c. 231, § 60B, found that the plaintiff's offer of proof "is not sufficient to raise a legitimate question of liability appropriate for judicial inquiry." On the plaintiff's motion, the judge who sat with...

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