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STILWELL v. SMITH & NEPHEW, INC.

No. 05-15000.

482 F.3d 1187 (2007)

Lisa STILWELL, Plaintiff-Appellant, v. SMITH & NEPHEW, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2007.

Attorney(s) appearing for the Case

Joseph W. Charles, Glendale, AZ, briefed and argued for the appellant.

Raymond R. Cusack and Stephen T. Portell, Tucson, AZ, briefed for the appellee. Mr. Portell argued for the appellee.

Before: BRIGHT, D.W. NELSON, and BERZON, Circuit Judges.

BRIGHT, Circuit Judge:

Plaintiff and appellant Lisa Stilwell ("Stilwell") sustained two broken legs in a 1995 automobile accident. During her surgical treatment and recovery, doctors twice implanted a Russell-Taylor metal reconstruction nail ("RT nail") to stabilize a compound subtrochanteric fracture of her right femur.1 These two nails failed during the healing process, causing Stilwell pain, suffering, and disability. She brought this...

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