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HOWARD v. ZIMMER, INC.

No. 11-5109.

718 F.3d 1209 (2013)

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.

May 29, 2013.

Attorney(s) appearing for the Case

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

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

Before LUCERO, McKAY, and GORSUCH, Circuit Judges.

LUCERO, Circuit Judge.

This case is before us for further consideration following receipt from the Oklahoma Supreme Court of the answer to our question, which was certified to them on July 3, 2012.

After Dr. Brian Howard received a knee implant manufactured by Sulzer Orthopedics, Inc. ("Sulzer") that failed to bond properly, Howard and his wife filed suit against Sulzer alleging negligence per se. Howard v. Zimmer...

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