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FOX v. ETHICON ENDO-SURGICAL, INC.

No. F041148

6 Cal.Rptr.3d 300 (2003)

Brandi R. FOX, Plaintiff and Appellant, v. ETHICON ENDO-SURGICAL, INC., Defendant and Respondent.

Court of Appeals of California, Fifth District

As Modified on Denial of Rehearing November 20, 2003

Review Granted February 18, 2004.

Attorney(s) appearing for the Case

David J. St. Louis, Fresno, for Plaintiff and Appellant.

Drinker Biddle & Reath, Charles F. Preuss and Alan J. Lazarus, San Francisco, for Defendant and Respondent.

Certified for Partial Publication.*

OPINION

VARTABEDIAN, J.

Appellant Brandi Fox (Fox) filed a medical malpractice action against her surgeon, asserting his negligence during surgery caused a perforation of her small intestine and subsequent complications. During his deposition, the surgeon first raised the possibility...

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