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PORTER v. ROSENBERG

No. 93-0758.

650 So.2d 79 (1995)

Kay PORTER, Appellant, v. Robert Kent ROSENBERG, M.D., F.A.C.S.; McGhan Medical Corp.; Inamed Corp.; 3-M Corp.; Cox Uphoff, International; Surgical Specialties, Inc.; Surgitek, a/K/a Surgitech; Bristol-Meyers Squibb Co.; Surgitek/Medical Engineering Corp.; Heyer-Schulte; Natural Y Surgical Specialties, Inc.; Cooper Medical Devices, Inc.; Alcon Laboratories, Inc.; Mentor Corp.; Baxter Health Care Corp.; Dow Corning Corp.; Dow Corning Wright; Dow Chemical Co.; Corning, Inc.; Dowelanco; and Surgicenter of the Palm Beaches, Appellees.

District Court of Appeal of Florida, Fourth District.

Motion for Certification Denied February 22, 1995.

Attorney(s) appearing for the Case

Philip M. Burlington, Caruso, Burlington, Bohn & Compiani, P.A., and Richard D. Schuler of Schuler, Wilkerson, Halvorson & Williams, P.A., West Palm Beach, for appellant.

David W. Spicer and Eugene Ciotoli, Bobo, Spicer, Ciotoli, Fulford, Bocchino, Weidner, Debovoise & Leclainche, P.A., West Palm Beach, for appellee Rosenberg.

PARIENTE, Judge.

Appellant, Kay Porter (plaintiff), a recipient of an allegedly defective breast implant, appeals the dismissal of her strict liability count against appellee, Robert Kent Rosenberg, M.D. (physician), who implanted the device, urging this court to extend the doctrine of strict liability to physicians. She claims that a physician who places a breast implant in a patient should be held strictly liable as any other distributor or seller of the product...

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