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NORGAARD v. DePUY ORTHOPAEDICS, INC.

No. 96-3892.

121 F.3d 1074 (1997)

Norma J. NORGAARD and Delmar E. Norgaard, Plaintiffs-Appellants, v. DePUY ORTHOPAEDICS, INC., and Boehringer Mannheim Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Roger Gomien, Joan N. Harrop (argued), Morris, IL, for Plaintiffs-Appellants.

Stanley C. Fickle (argued), Michael R. Conner, Barnes & Thornburg, Indianapolis, IN, John F. Martin, Dukes, Martin, Helm & Ryan, Danville, IL, for Defendants-Appellees.

Before POSNER, Chief Judge, and EASTERBROOK and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

In 1987 Norma Norgaard's physician fitted her with an artificial hip, including a socket of a novel design sold as an "investigational device" under the Medical Device Amendments to the Food, Drug, and Cosmetic Act. See 21 U.S.C. § 360j(g). Seven years later her physician replaced the socket because its polyethylene liner had fractured. Norgaard and her husband then sued the manufacturer...

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