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BAKER v. DALKON SHIELD CLAIMANTS TRUST

No. 98-1214.

156 F.3d 248 (1998)

Anita BAKER, Plaintiff, Appellee, v. DALKON SHIELD CLAIMANTS TRUST, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 23, 1998.

Attorney(s) appearing for the Case

Paul F. Strain with whom Terri L. Turner, Venable, Baetjer and Howard, LLP, Richard A. Oetheimer and Goodwin, Proctor & Hoar LLP were on brief for appellant.

Robert V. Costello with whom Schneider, Reilly, Zabin & Costello, P.C., Neil Rossman and Rossman, Rossman & Eschelbacher were on brief for appellee.

Before SELYA, BOUDIN and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

Dalkon Shield Claimants Trust (the "Trust") appeals from a judgment in favor of Anita Baker for damage allegedly caused by the Dalkon Shield contraceptive intrauterine device (the "IUD"). The background facts, drawn from the trial record, are largely undisputed. In October 1972, Anita Baker underwent a routine gynecological examination that revealed that she had a slightly enlarged right ovary and that...

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