Kay Bailey Hutchison: “I wanted to tell the rest of the story on Judge Carolyn Kuhl because I think a misimpression was left by the Senator…”

“I wanted to tell the rest of the story on Judge Carolyn Kuhl because I think a misimpression was left by the Senator from California regarding the case of the woman who was having a breast exam, and when she left the office, she asked who the doctor was, and the receptionist said: That wasn't a doctor, that was a pharmaceutical company representative. When I first heard about that, I definitely wanted to hear more because that did not sound like the kind of judge I would want on the bench, a judge who would dismiss the case against the pharmaceutical company for having a person in the room when the patient was not even told this person was not a doctor or who this person was. I, in fact, did look at the rest of the story and I found a very different story. In fact, the plaintiff sued both the pharmaceutical company and the doctor. The doctor was sued for negligence in not informing the patient and asking the patient's permission, or having the patient have the right to say, no, I do not want that person in the room. The plaintiff sued the doctor, the doctor's firm, and the pharmaceutical company. Judge Kuhl allowed the case to stay open, which she dismissed against the pharmaceutical company, because the case against the pharmaceutical company was common law intrusion upon seclusion, which was not settled law in California at the time, but she kept the case against the doctor for his failure to consent.”