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MULHALL v. HANNAFIN

45 A.D.3d 55 (2007)

841 N.Y.S.2d 282

VICTORIA MULHALL et al., Respondents, v. JO A. HANNAFIN, M.D., et al., Defendants, and SMITH & NEPHEW, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 30, 2007.

Attorney(s) appearing for the Case

Goodwin Procter LLP, New York City (Glenn S. Kerner, Diana M. Scharf and Josephine Liu of counsel), for appellant.

Asher & Associates, P.C., New York City (Robert J. Poblete of counsel), for respondents.

ANDRIAS, J.P., SAXE, GONZALEZ and McGUIRE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

In this products liability action, plaintiff Victoria Mulhall is alleged to have developed inflammatory conditions known as adhesive capsulitis and synovitis after having arthroscopic shoulder surgery, during which a surgical device was implanted in her right shoulder. The device, known as Suretac, a Smith & Nephew product, is a bioabsorbable tack (in layman's terms, an absorbable thumbtack) designed to fix or stabilize...

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