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WUTZKE v. SCHWAEGLER

No. 16089-1-III.

940 P.2d 1386 (1997)

86 Wash.App. 898

Adeline V. WUTZKE, Appellant, v. Lester SCHWAEGLER and Jane Doe Schwaegler, husband and wife, J.P. Angelchik, Hire-Schute, Inc., a corporation, America Hospital Supply, Inc., a corporation, American-Hire-Schutle, Inc., a corporation, Baxter-Travenall Laboratories, Inc., a corporation, John Doe I Corp., a corporation, John Doe II Corp., a corporation, John Doe III Corp., a corporation, and Yakima Valley Memorial Hospital, Defendants, Mentor, Inc., a corporation, and Baxter Health Care Company, Respondents.

Court of Appeals of Washington, Division 3, Panel Two.

July 24, 1997.

Attorney(s) appearing for the Case

Marcia M. Meade, Dawson & Meade, Spokane, for Appellant.

Laurie D. Kohli, Seattle, Maja C. Eaton, Sarah R. Lyke, Sidley & Austin, Chicago, IL, for Respondents.

SCHULTHEIS, Acting Chief Judge.

The Medical Device Amendments of 1976(MDA) to the Federal Food, Drug and Cosmetic Act established a federal approval process for the manufacture of new medical devices. One such device, the Angelchik Anti-Reflux Prosthesis, was surgically implanted in Adeline Wutzke. Her suit against the device's manufacturer for negligent design and manufacture was dismissed on summary judgment.1 The trial court ruled that...

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