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NORRIS v. BAXTER HEALTHCARE CORP.

No. 03-1471.

397 F.3d 878 (2005)

Dee NORRIS, Plaintiff-Appellant, v. BAXTER HEALTHCARE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 8, 2005.

Attorney(s) appearing for the Case

Derek Regensburger (Stephen H. Cook on the brief) of The Law Firm of Stephen H. Cook, P.C., Boulder, CO, for Plaintiff-Appellant.

Mary A. Wells (Suanne M. Dell of Wells, Anderson & Race, LLC, Denver, CO; Debra E. Pole and Roger K. Smith of Sidley, Austin, Brown & Wood, LLP, Los Angeles, CA, with her on the brief), Wells, Anderson & Race, LLC, Denver, CO, for Defendant-Appellee.

Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

This case involves Plaintiff's claims of systemic disease allegedly caused by a silicone gel breast implant Plaintiff received in 1974. The implant at issue was manufactured by Defendant's predecessor. In 1970, Plaintiff underwent bilateral breast augmentation surgery and received her first set of silicone gel and saline filled breast implants manufactured by a division of Dow Corning Corporation. Four years

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