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BROOKS v. VITEK, INC.

No. 88-3947. Summary Calendar.

875 F.2d 499 (1989)

Gladys BROOKS and John C. Brooks, Plaintiffs-Appellants, v. VITEK, INC., et al., Defendants, Richard K. Akin, D.D.S. and Alton Oschner Medical Foundation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 16, 1989.

Attorney(s) appearing for the Case

Charles V. Guilbault, Suzette Marie Smith, Courtenay, Forstall, Grace & Hebert, New Orleans, La., Thomas E. Vaughn, Guldport, Miss., for plaintiffs-appellants.

Lawrence L. McNamara, Lisa M. Tompkins, Michael D. Carbo, Adams & Reese, New Orleans, La., for defendants-appellees.

Before REAVLEY, JONES and DUHE, Circuit Judges.

REAVLEY, Circuit Judge:

In February 1981, Richard K. Akin, D.D.S., performed surgery on Gladys Brooks' right temporomandibular joint (TMJ). The meniscus, a cartilage pad between surfaces of the joint, had to be removed. In its place, Dr. Akin implanted a piece of Teflon Proplast material marketed by Vitek, Inc. In May 1986, Mrs. Brooks underwent additional TMJ surgery. The Proplast implant had fractured and the pieces were surgically removed.

In May 1987,...

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