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TUCKER v. BAXTER HEALTHCARE CORP.

No. 97-55419.

158 F.3d 1046 (1998)

Erin Paige TUCKER, Plaintiff-Appellant, v. BAXTER HEALTHCARE CORPORATION; American Hospital Supply Corp.; Heyer-Schulte Corp.; Mentor Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1998.

Attorney(s) appearing for the Case

Wes W. Wagnon, Liccardo, Rossi, Sturges & McNeil, San Jose, California, for plaintiff-appellant.

David L. Schrader and Gregg D. Zucker, Brobeck, Phleger & Harrison, LLP, Los Angeles, California, for defendants-appellees.

Before: BROWNING, PREGERSON, and ALARCON, Circuit Judges.

PREGERSON, Circuit Judge:

In 1991, plaintiff Erin Page Tucker sued her breast implant manufacturer's corporate successor Baxter Healthcare to recover for autoimmune injuries allegedly caused by breast implants she received in 1974. Although Tucker suffered from a variety of health problems starting in 1977, these problems were not diagnosed as an incurable autoimmune disease until 1988. Furthermore, Tucker purportedly did not discover the relationship between her...

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