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Moore v. Vanderloo

Moore v. Vanderloo

Supreme Court of Iowa

April 16, 1986, Filed

No. 72/85-518

Opinion

 [*111]  Plaintiff Linda Moore suffered a stroke after undergoing a chiropractic manipulation of her neck. She and her children later filed this suit against the chiropractor, Lance Vanderloo; the chiropractic college which Vanderloo had attended, Palmer College of Chiropractic (Palmer); and the manufacturer of Moore's oral contraceptive, Ortho Pharmaceutical Corp. and Ortho Pharmaceuticals, Inc. (Ortho). The claims against Vanderloo [**2]  were settled before trial. Plaintiffs have appealed from a summary judgment which was granted in favor of Palmer and from the judgment entered upon the favorable jury verdict for Ortho. Upon consideration of the issues presented for our review, we affirm the district court's rulings as to both defendants.

In November 1978, plaintiff Linda Moore began receiving chiropractic treatments from Dr. Lance Vanderloo. Dr. Vanderloo had graduated and received a diploma four years previously from defendant Palmer College of Chiropractic. At this time, Moore was thirty-five years old and was taking an oral contraceptive manufactured by defendant Ortho. She had been taking oral contraceptives since 1963 and had been on some type of a birth control pill manufactured by Ortho since 1968. Moore regularly smoked one to one and one-half packs of cigarettes per day.

On November 20, 1978, Moore went to Vanderloo's office for a chiropractic treatment. After undergoing a cervical manipulation by Vanderloo, Moore experienced a sudden onset of a variety of symptoms. She was transported to the hospital, when her condition worsened, where it was determined that she was suffering a cerebral stroke. As a result [**3]  of the stroke, plaintiff has permanent bodily and emotional impairment.

Moore and her sons subsequently brought actions for personal injuries and loss of consortium against Vanderloo, alleging breach of informed consent and negligence; against Palmer for breach of warranty and negligence for failing to properly research and teach Vanderloo the risk of stroke from chiropractic manipulation of the neck; and against Ortho in a strict liability in tort products action. These actions were consolidated, Iowa Rule of Civil Procedure 185, and the claims against Vanderloo were settled prior to trial.

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386 N.W.2d 108 *; 1986 Iowa Sup. LEXIS 1154 **; 1 U.C.C. Rep. Serv. 2d (Callaghan) 1442

LINDA L. MOORE; ROYCE MOORE; and LINDA L. MOORE, as Mother and Next Friend of TRACY MOORE, Appellants, v. LANCE E. VANDERLOO; and LANCE E. VANDERLOO, D.C., d/b/a VANDERLOO CHIROPRACTIC HEALTH CENTER, Defendants, and PALMER COLLEGE FOUNDATION, a Corporation d/b/a PALMER COLLEGE OF CHIROPRACTIC, INC., a Corporation; ORTHO Pharmaceutical Corp. and ORTHO PHARMACEUTICALS, INC., Appellees

Prior History:  [**1]   Appeal from the Iowa District Court for Black Hawk County, Peter Van Metre, Judge. Plaintiffs appeal from grant of summary judgment to defendant college and from judgment entered upon the jury verdict for defendants Ortho.

Disposition: AFFIRMED.

CORE TERMS

chiropractic, malpractice, plaintiffs', district court, misconduct, warranty, contraceptive, manipulation, manufacturer, express warranty, proximate cause, new trial, diploma, license, stroke, adequate warning, cause of action, chiropractor, ingestion, juror, teach, pill, warn, instruction of a jury, expert witness, products, rebuttal, taught

Commercial Law (UCC), General Provisions, Policies & Purposes, General Overview, Sales (Article 2), Subject Matter, Definitions, Goods, Hybrid Transactions, Business & Corporate Compliance, Contracts Law, Types of Contracts, Express Warranties, Contract Provisions, Warranties, Governments, State & Territorial Governments, Licenses, Healthcare Law, Business Administration & Organization, Facility & Personnel Licensing, Civil Procedure, Appeals, Reviewability of Lower Court Decisions, Preservation for Review, Education Law, Civil Liability, Educational Malpractice, Torts, Malpractice & Professional Liability, Standards of Care, Appropriate Standard, Medical Treatment, Failures to Disclose & Warn, Products Liability, Types of Defects, Marketing & Warning Defects, Standards of Review, Abuse of Discretion, Trials, Closing Arguments, Judgments, Relief From Judgments, Motions for New Trials, Theories of Liability, Strict Liability, Jury Trials, Jury Deliberations, Jurors, Misconduct