TOOLE v. BAXTER HEALTHCARE CORP.

No. 99-15019.

235 F.3d 1307 (2000)

Brenda Griffin TOOLE, Plaintiff-Appellee-Cross-Appellant, v. BAXTER HEALTHCARE CORPORATION, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 14, 2000.


Attorney(s) appearing for the Case

Katharine Anne Weber, Maibeth J. Porter, Maynard, Cooper & Gale, Birmingham, AL, Roger K. Smith, Brobeck, Phleger & Harrison, Los Angeles, CA, Thomas Marven Peterson, Brobeck, Phleger & Harrison, LLP, San Francisco, CA, for Defendant-Appellant-Cross-Appellee.

Ralph I. Knowles, Jr., Leslie J. Bryan, Doffermyre, Shields, Canfield, Knowles & Divine, Atlanta, GA, for Plaintiff-Appellee-Cross-Appellant.

Before CARNES and BARKETT, Circuit Judges, and POLLAK, District Judge.


BARKETT, Circuit Judge:

Baxter Healthcare Corporation ("Baxter") appeals a final judgment based on a jury verdict in favor of Brenda Toole for injuries she suffered as a result of breast implants manufactured by Heyer-Schulte Corporation, Baxter's predecessor corporation.

In 1987, several years after receiving the implants, Ms. Toole began to experience capsular contracture, a hardening of the breast due to scar tissue around the implant compressing down on...

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