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RODRIGUEZ v. STRYKER CORP.

No. 11-5335.

680 F.3d 568 (2012)

Andrew RODRIGUEZ, Plaintiff-Appellant, v. STRYKER CORPORATION, a Michigan Corporation; Stryker Sales Corporation, a Michigan Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 21, 2012.

Attorney(s) appearing for the Case

ARGUED: James T. Blanch , Parsons Behle & Latimer, Salt Lake City, Utah, for Appellant. Hall R. Marston , Sedgwick, Los Angeles, California, for Appellees. ON BRIEF: James T. Blanch , Richard E. Mrazik , Alan S. Mouritsen , Parsons Behle & Latimer, Salt Lake City, Utah, for Appellant. Robert M. Connolly , Stites & Harbison, Louisville, Kentucky, for Appellees.

Before: GIBBONS and SUTTON, Circuit Judges; DUGGAN, District Judge.

OPINION

SUTTON, Circuit Judge.

Stryker Corporation and its sales affiliate, Stryker Sales Corporation (together, "Stryker"), make and sell a pain pump, which a doctor prescribed for Andrew Rodriguez after his shoulder surgery. When the pump allegedly damaged the cartilage in Rodriguez's shoulder, he sued the companies, seeking recovery for the injury. The district court granted summary judgment to Stryker. We affirm.

I.

In November 2004...

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