Legal Opinion

Charles McCorvey v. Baxter Healthcare Corp.

Court of Appeals for the Eleventh Circuit

Decided July 24, 2002No. 01-16209PublishedCited by 255 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

Charles McCorvey appeals the grant of summary judgment to defendants C.R. Bard, Inc. (“Bard”) and Baxter Healthcare Corp. (“Baxter”), respectively the manufacturer and distributor of a catheter that erupted inside of him, on his strict product liability action. Additionally, McCorvey challenges the district court’s exclusion of an affidavit he offered by an engineering expert, on the ground that it did not have the necessary indicia of reliability.

I. Background

In February 1995, McCorvey underwent a transurethral resection of his prostate, a surgical procedure, after…

2Cases cited12 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Johnson v. Board of Regents of the University of GeorgiaCourt of Appeals for the Eleventh Circuit · 2001
  4. Tonya J. WIDEMAN, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1998
  5. Cassisi v. Maytag Co.District Court of Appeal of Florida · 1981

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3Cited by255 opinions

  1. United States v. Richard Junior FrazierCourt of Appeals for the Eleventh Circuit · 2004
  2. Dean Effarage Farrow v. Dr. WestCourt of Appeals for the Eleventh Circuit · 2003
  3. Shotz v. City of Plantation, FLCourt of Appeals for the Eleventh Circuit · 2003
  4. Louise Cook v. Sheriff of Monroe CountyCourt of Appeals for the Eleventh Circuit · 2005
  5. Quiet Technology DC-8, Inc., Quiet Technology, Inc. v. Hurel-Dubois UK LTD.Court of Appeals for the Eleventh Circuit · 2003

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