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MOORE v. ANESTHESIA SERVICES, P.A.

Civ. A. No. 06C-01-013-JOH.

966 A.2d 830 (2008)

Roland P. MOORE and Judy L. Moore, Plaintiffs v. ANESTHESIA SERVICES, P.A., Christiana Care Health Services, Inc., Delaware Vascular Associates, P.A., Sonya Tuerff, M.D., Matthew Cooper, M.D., Michelle Pesek-McCoy, M.D., United States Surgical Corporation, Tyco Healthcare Group, LP, Ethicon, Inc., Ethicon Products Worldwide, and Johnson & Johnson Co., Defendants.

Superior Court of Delaware, New Castle County.

Decided: December 8, 2008.

Attorney(s) appearing for the Case

Robert J. Leoni, Esquire, of Shelsby & Leoni, Wilmington, DE, for the plaintiffs.

John D. Balaguer, Esquire, of White & Williams, Wilmington, DE, for defendants Sonya Tuerff, M.D., and Delaware Vascular Associates, P.A.

Robert S. Goldman, Esquire, of Phillips Goldman & Spence, Wilmington, DE, and Michael L. Walden, Esquire, of Shook Hardy & Bacon, LLP, Kansas City, MO, for defendants United States Surgical Corporation and Tyco Healthcare Group, LP.

David P. Primack, Esquire, of Drinker Biddle and Reath LLP, Wilmington, DE, and Kenneth A. Murphy, Esquire, of Drinker Biddle & Reath LLP, Philadelphia, PA, for defendants Ethicon, Inc., Ethicon Products Worldwide, and Johnson & Johnson.

OPINION

HERLIHY, J.

The Court has before it three motions for summary judgment. Plaintiffs have brought suit claiming medical negligence or defective product. The product at issue is a suture used in plaintiff Roland Moore's surgery. Earlier in this case, an apparent factual dispute developed over which manufacturer supplied the suture.

After previously denying summary judgment motions regarding that dispute, additional discovery was undertaken...

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