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DAVIS v. SHILEY INC.

No. G017409.

75 Cal.Rptr.2d 826 (1998)

Douglas W. DAVIS et al., Plaintiffs and Appellants, v. SHILEY INCORPORATED et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

As Modified June 22, 1998.

Review Denied October 14, 1998.

Attorney(s) appearing for the Case

Kasdan, Simonds, Peterson & McIntyre, Irvine, Robins Kaplan, Miller & Ciresi, Vance C. Simonds, Irvine, Gary L. Finzen, Gary L. Wilson and Joseph L. Dunn, Laguna Miguel, for Plaintiffs and Appellants Tommy R. Berrier and Joanne Marie Berrier.

Capretz & Radcliffe, James T. Capretz, and Richard J. Radcliffe, Newport Beach, for Plaintiffs and Appellants Douglas W. Davis and Pamela J. Davis.

Palmieri, Tyler, Wiener, Wilhelm & Waldron, Irvine, Kaye, Scholer, Fierman, Hayes & Handler, Los Angeles, Frank C. Rothrock, John R. Lister, Irvine, Pierce O'Donnell, Los Angeles, and Jeffrey Gordon, for Defendants and Respondents.

OPINION

SONENSHINE, Associate Justice.

INTRODUCTION

This case involves the infamous artificial Convexc—Concave artificial heart valve developed, tested, manufactured and promoted by Shiley Incorporated in Irvine, California. After the Food and Drug Administration (FDA) granted Shiley approval to distribute the valves worldwide in 1979, medical providers soon discovered some of the valves contained a weak outlet strut mechanism which...

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