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FOX v. ETHICON ENDO-SURGERY, INC.

No. S121173.

27 Cal.Rptr.3d 661 (2005)

35 Cal.4th 797

110 P.3d 914

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

Supreme Court of California.

May 9, 2005.

Attorney(s) appearing for the Case

Law Offices of David J. St. Louis, David J. St. Louis and Lynette D. Hecker, Fresno, for Plaintiff and Appellant.

Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

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

Hugh F. Young, Jr., and Harvey M. Grossman, Los Angeles, for The Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Respondent.

Horvitz & Levy, David S. Ettinger and Andrea M. Gauthier, Encino, for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae on behalf of Defendant and Respondent.

MORENO, J.

Plaintiff Brandi R. Fox filed a medical malpractice action after gastric bypass surgery performed on her resulted in severe complications. In the course of discovery, Fox received information that a medical device used during the surgery may have malfunctioned, causing her injury. Fox then amended her complaint to add a products liability cause of action against the manufacturer of the device, Ethicon Endo...

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