No. 00-2556

259 F.3d 194 (2001)

William Cooper, Plaintiff-Appellant, v. Smith & Nephew, Incorporated, Defendant-Appellee, and Smith & Nephew Richards, Incorporated; Abraham Rogozinski; Chaim Rogozinski; James Walt Simmons; American Academy of Orthopaedic Surgeons; North American Spine Society; Scoliosis Research Society; Acromed Corporation, Charter Number 614043; Acromed Corporation, Charter Number 816942; Acromed Incorporated, Charter Number 811415; Acromed Incorporated, Charter Number 816943; Acromed Holding Corporation, Charter Number 811416; Ace Medical Company; Advanced Spine Fixation Systems, Incorporated; Cross Medical Products; Depuy-Motech, Incorporated; Synthes; Synthes, Incorporated; Synthes North America, Incorporated; Synthes A.G. Chur; Danek Medical, Incorporated; Sofamor, Incorporated; Sofamor-Danek Group, Incorporated; Sofamor, S.N.C.; Youngwood Medical Specialties, Incorporated, formerly known as Stuart Medical Specialty, Incorporated, formerly known as National Medical Specialty, Incorporated; Zimmer, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 9, 2001

Attorney(s) appearing for the Case

ARGUED: Frederick Steven Longer, LEVIN, FISHBEIN, SEDRAN & BERMAN, Philadelphia, Pennsylvania, for Appellant.

Terri Steinhaus Reiskin, HOGAN & HARTSON, L.L.P., Washington, D.C., for Appellee.

ON BRIEF: Arnold Levin, Scott Levensten, LEVIN, FISHBEIN, SEDRAN & BERMAN, Philadelphia, Pennsylvania; Steven M. Pavsner, JOSEPH, GREENWALD & LAAKE, Greenbelt, Maryland, for Appellant.

James B. Irwin, David O'Quinn, IRWIN, FRITCHIE, URQUHART & MOORE, L.L.C., New Orleans, Louisiana, for Appellee.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Arthur L. ALARCON, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Senior Judge ALARCON joined.


WILKINSON, Chief Judge:

This case is one of several thousand involving the promotion, sale, and use of pedicle screw fixation devices to treat spinal injuries. Appellant William Cooper brought this lawsuit against Smith & Nephew, Inc., claiming that its defective device was responsible for his failed back surgeries...

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