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IN RE SULZER ORTHOPEDICS AND KNEE PROSTHESIS PRODUCTS LIABILITY LITIGATION

No. 03-4070.

399 F.3d 816 (2005)

In re: SULZER ORTHOPEDICS AND KNEE PROSTHESIS PRODUCTS LIABILITY LITIGATION. Shirley C. Butler, Plaintiff-Appellant, v. Certified Class, Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2005.

Attorney(s) appearing for the Case

Charles G. Middleton III, Middleton & Reutlinger, Louisville, Kentucky, for Appellant.

R. Eric Kennedy, Weisman, Kennedy & Berris Co., Cleveland, Ohio, for Appellee.

Charles G. Middleton III, Middleton & Reutlinger, Louisville, Kentucky, N. Albert Bacharach, Jr., Gainesville, Florida, for Appellant.

Before: MARTIN, COLE, and GIBBONS, Circuit Judges.

BOYCE F. MARTIN, JR., Circuit Judge.

In December of 2000, Sulzer Orthopedics, Inc., issued a recall of certain of its hip implants, which were determined to be defective. Shortly thereafter, more than thirteen hundred civil actions were filed across the United States. Thirty of those actions were consolidated and transferred as a class action to the United States District Court for the Northern District of Ohio. Sulzer settled...

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