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VINCENT v. C.R. BARD, INC.

No. 2D05-1870.

944 So.2d 1083 (2006)

Patricia Hayes VINCENT, as mother and legal guardian of James Victor Flynn, Appellant, v. C.R. BARD, INC., a foreign corporation; Bimeco, Inc., a Florida corporation; Baxter Healthcare Corporation, a foreign corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 3, 2007.

Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst Orseck, P.A., Miami, and Bill Wagner of Wagner, Vaughan & McLaughlin, P.A., Tampa, for Appellant.

Charles D. Bavol and William J. Judge, Jr. of Bavol Judge, P.A. Tampa, for Appellee C.R. Bard, Inc. and Bard Medsystems Division.

Jay B. Green and Jonathan M. Matzner of Green, Ackerman & Frost, P.A., Boca Raton, for Appellee, Bimeco, Inc.

Maja C. Eaton and James R.M. Hemmings of Sidley Austin, LLP, Chicago, IL, Edward W. Gerecke and E. Kelly Bittick, Jr. of Carlton Fields, P.A., Tampa, and Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, for Appellee Baxter Healthcare.

WHATLEY, Judge.

Patricia Hayes Vincent, as mother and legal guardian of James Victor Flynn, appeals the final summary judgment entered in favor of C.R. Bard, Inc., Baxter Healthcare Corp., and Bimeco, Inc. in her action against them in which she alleged claims for strict liability and negligence based on negligent design. This case presents a question of first impression in Florida whether the designer of a product may...

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