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GOMEZ v. ST. JUDE MEDICAL DAIG DIV. INC.

No. 04-30202.

442 F.3d 919 (2006)

Danell GOMEZ and Martin Gomez, Plaintiffs-Appellants, v. ST. JUDE MEDICAL DAIG DIVISION INC., formerly known as Daig Corporation; Kensey-Nash Corporation; Tyco International; Wyeth, formerly known as American Home Products Corporation; Tyco Healthcare Group LP, formerly known as Kendall Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 14, 2006.

Attorney(s) appearing for the Case

Marie Riccio Wisner (argued), New Orleans, LA, Samuel A. Abady, Law Office of Samuel A. Abady & Associates, New York City, for Plaintiffs-Appellants.

Edward F. Fox (argued), Bassford Remele, Minneapolis, MN, Jerry L. Saporito, Jennifer Carmichael Babin, Saporito & Sledge, New Orleans, LA, J. Aron Allen, St. Jude Medical, Cardiology Div., Minnetonka, MN, for Defendants-Appellees.

Before KING and DAVIS, Circuit Judges, and ROSENTHAL, District Judge.

ROSENTHAL, District Judge:

In March 1999, Danell Gomez had a surgical catheterization to treat a blockage in an artery leading to her left arm. When the procedure was complete, the surgeon used a medical device known as an Angio-Seal to close the hole he had made in Gomez's femoral artery to access the blockage. The Angio-Seal deposits a small plug of collagen on the outside of the artery wall at the puncture site. The collagen plug quickly causes a clot that stops...

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