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MELE v. HOWMEDICA, INC.

Nos. 1-01-4228, 1-01-4229.

808 N.E.2d 1026 (2004)

348 Ill. App.3d 1

283 Ill.Dec. 738

Richard MELE, Plaintiff-Appellee and Cross-Appellant, v. HOWMEDICA, INC., Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied May 14, 2004.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug, Chicago, Thomas A. Reed, Thomas F. Lucas, Christopher J. Dalke, of counsel; David Klingsberg, Maris Veidemanis and Kay Scholer LLP, New York, for Appellant and Cross-Appellee.

William J. Harte, Ltd., William J. Harte; Patrick J. Kenneally, Ltd., Thomas L. Trinley, of counsel, Chicago, for Appellee and Cross-Appellant.

Justice McNULTY delivered the opinion of the court:

In August 1994 Richard Mele sued Howmedica, Inc., the manufacturer of a medical device a surgeon implanted into plaintiff. The trial court denied plaintiff's motion for certification of a class of all patients into whom surgeons in Illinois implanted similar devices. A jury found that plaintiff did not have notice of wrongful causation for his injury until September 1992...

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