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JENNINGS v. BAXTER HEALTHCARE CORP.

9405-03148; CA A92690.

954 P.2d 829 (1998)

152 Or. App. 421

Nancy R. JENNINGS, Appellant, v. BAXTER HEALTHCARE CORPORATION, a Delaware corporation; and Baxter International, Inc., a Delaware corporation, Respondents, and Dow Corning Corporation and Willamette Falls Hospital, Defendants.

Court of Appeals of Oregon.

Decided February 11, 1998.

Attorney(s) appearing for the Case

Linda K. Eyerman, Portland, argued the cause for appellant. With her on the briefs were Kathryn H. Clarke and Gaylord & Eyerman, P.C.

Thomas M. Peterson argued the cause for respondents. With him on the briefs were Marilyn Fisher, Brobeck, Phleger & Harrison LLP and Jonathan M. Hoffman, Portland, Julie K. Bolt and Martin, Bischoff, Templeton, Langslet & Hoffman.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Plaintiff appeals from a defense verdict in this products liability action. She alleges that she was exposed to silicone from breast implants that leaked and ruptured, causing her personal injuries. On appeal, plaintiff makes multiple assignments of error. We reverse and remand for a new trial.

In 1978, plaintiff, then age 51, received silicone gel breast implants following bilateral mastectomies. Subsequently, one implant partially deflated...

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