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HOWARD v. ZIMMER, INC.

No. 11-5109.

711 F.3d 1148 (2012)

Brian C. HOWARD, M.D.; Suzanne Howard, Plaintiffs-Appellants, v. ZIMMER, INC., Defendant-Appellee, and Sulzer Orthopedics, Inc.; Sulzer Medica USA Holding Co.; Sulzer Medica USA, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

July 3, 2012.

Attorney(s) appearing for the Case

Matthew Benjamin Free ( Timothy G. Best with him on the briefs), Best & Sharp, Tulsa, Oklahoma, for the Plaintiffs-Appellants.

William F. Northrip ( David W. Brooks with him on the briefs), Shook Hardy & Bacon, LLP, Kansas City, Missouri, for the Defendant-Appellee.

Before LUCERO, McKAY, and GORSUCH, Circuit Judges.

CERTIFICATION OF QUESTION OF STATE LAW

CARLOS F. LUCERO, Circuit Judge.

This appeal presents a novel issue of Oklahoma law: Does Oklahoma recognize a claim for negligence per se founded on an alleged violation of a federal regulation promulgated under the Medical Device Amendments ("MDA") to the Food, Drug, and Cosmetic Act ("FDCA")? Although this case has involved numerous issues in several federal courts, this state-law question is the only one remaining...

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