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PRIMIANO v. COOK

No. 06-15563.

598 F.3d 558 (2010)

Marylou PRIMIANO; Charles Primiano, Plaintiffs-Appellants, v. Yan COOK; Stryker Corporation; Robert J. Tait M.D., Defendant, Howmedica Osteonics Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn and Supplemental Briefing Requested March 3, 2008.

Resubmitted July 15, 2009.

Filed March 10, 2010.

Attorney(s) appearing for the Case

Peter C. Wetherall, Las Vegas, NV, for plaintiffs-appellants Marylou and Charles Primiano.

Frederick D. Baker (argued), Wayne A. Wolff, San Francisco, CA; Ralph A. Campillo, Los Angeles, CA, for defendant-appellee Howmedica Osteonics Corporation.

Before: D.W. NELSON, ANDREW J. KLEINFELD, and HAWKINS, Circuit Judges.

KLEINFELD, Circuit Judge:

We address admissibility under Daubert1 of medical testimony.

I. Facts

Marylou Primiano has suffered a miserable ordeal since she had elbow surgery. The question raised by her litigation2 is whether her ordeal resulted from a defective product, the artificial elbow Howmedica Osteonics Corporation manufactured. The district court granted summary judgment against...

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