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BRANDT v. BOSTON SCIENTIFIC CORP.

No. 93982.

792 N.E.2d 296 (2003)

204 Ill.2d 640

275 Ill.Dec. 65

Brenda BRANDT, Appellant, v. BOSTON SCIENTIFIC CORPORATION (Sarah Bush Lincoln Health Center, Appellee).

Supreme Court of Illinois.

June 5, 2003.

Attorney(s) appearing for the Case

Gary K. Laatsch and Martin Whittaker, of Pavalon, Gifford, Laatsch & Marino, Chicago, for appellant.

Hinshaw & Culbertson, Chicago (Kevin M. Miller and Timothy G. Shelton, of counsel), for appellee.

Stanley L. Tucker, of Hartzell, Glidden, Tucker & Hartzell, Carthage, for amicus curiae Illinois Trial Lawyers Association.

Thaddeus J. Nodzenski and Mark D. Deaton, Naperville, for amicus curiae Illinois Hospital Association.

Justice GARMAN, delivered the opinion of the Court:

Plaintiff, Brenda Brandt, suffered severe complications following the surgical implantation of a medical device that was later recalled by the manufacturer for being substandard. Brandt filed an amended complaint that included a breach of implied warranty of merchantability claim (810 ILCS 5/2-314 (West 1998)) under the Uniform Commercial Code (UCC) (810 ILCS 5/1-101 et seq. (West 2000)) against her treating...

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