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FOX v. COLLINS

No. 031011107; A127375.

162 P.3d 998 (2007)

213 Or. App. 451

Kristina A. FOX, Plaintiff-Appellant, v. Michael COLLINS, M.D. and Legacy Good Samaritan Hospital and Medical Center, Defendants, and Valleylab, Inc. and Genzyme Corporation, fka Snowden Pencer, Inc., Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 20, 2007.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause and filed the briefs for appellant.

Susan D. Marmaduke, Portland, argued the cause for respondent Genzyme Corporation. With her on the brief was Harrang Long Gary Rudnick PC.

Margaret Hoffmann, Stephen C. Bush, and Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief for respondent Valleylab, Inc.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

Plaintiff appeals from a limited judgment dismissing for a second time her product liability claims against defendants Genzyme Corporation and Valleylab, Inc. Plaintiff, whose claims against those defendants had previously been dismissed as time barred, refiled her claims under a special "revival" statute enacted by the legislature in 2003. The trial court concluded that that statute was unconstitutional and dismissed plaintiff's claims against defendants...

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