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REECE v. GOOD SAMARITAN HOSP.

No. 20781-8-II.

953 P.2d 117 (1998)

Charlene K. REECE, individually and as Guardian Ad Litem for Chelsie I. Reece, a minor child, Appellant, v. GOOD SAMARITAN HOSPITAL, a Washington Corporation; Vernon J. Nessan, M.D., and "Jane Doe" Nessan, husband and wife, and the marital community comprised thereof; Thomas A. Barale, P.A., and "Jane Doe" Barale, husband and wife, and the marital community comprised thereof; Wayne E. Larson, M.D. and "Jane Doe" Larson, husband and wife and the marital community comprised thereof; "John Does" 1 through 4, M.D.'s, nurses, employees, agents of Good Samaritan Hospital, Defendants, Tambrands, Inc., a New York Corporation, Respondent.

Court of Appeals of Washington, Division 2.

March 27, 1998.

Attorney(s) appearing for the Case

John S. Moceri, Manza, Moceri PS, Tacoma, for Appellant.

William L. Holder, Reed, McClure, Reed P. Schifferman, Lane, Powell, Spears, Lubersky, Seattle, for Defendants.

Ronald C. Gardner, Gardner, Bond, Trabolsi, Seattle, Roger E. Podesta, Debevoise & Plimpton, New York, NY, for Respondents.

John S. Moceri, Manza, Moceri PS, Tacoma, for Minor.

HUNT, Judge.

Charlene Reece appeals summary judgment in favor of defendants Tambrands, Inc. Reece brought a products liability action after she used Tampax Super Plus Tampons and developed toxic shock syndrome (TSS), in December 1990. The trial court granted the defendants' motion for summary judgment on grounds that federal law preempts Reece's claims of "negligent or defective tampon design, to the extent such design claims...

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