Legal Opinion

Talley v. Danek Medical, Inc.

Court of Appeals for the Fourth Circuit

Decided July 12, 1999No. 98-1884PublishedCited by 85 opinions

1Opinion of the Court

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge ERVIN and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge:

Janet Talley contends that her doctor’s use, in a spinal fusion operation on her, of a Dyna-Lok Device, an internal fixation device manufactured by Danek Medical, Inc., caused her injury because orthopedic screws became loose and a bone graft in *156her spine did not properly fuse. In her complaint against Danek, she alleged breach of warranty, negligence, and fraud arising from Danek’s marketing of the Dyna-Lok Device for a use not approved by the Food and…

2Cases cited20 opinions

  1. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  2. Locke v. Johns-Manville Corp.Supreme Court of Virginia · 1981
  3. prod.liab.rep. (Cch) P 13,479 Theodore Alevromagiros v. Hechinger Company White Metal Rolling and Stamping Corporation of Atlanta, GaCourt of Appeals for the Fourth Circuit · 1993
  4. Williamson v. the Old Brogue, Inc.Supreme Court of Virginia · 1986
  5. Osborne v. McMastersSupreme Court of Minnesota · 1889

15 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Eck v. Parke, Davis & Co.Court of Appeals for the Tenth Circuit · 2001
  2. In Re Medtronic, Inc. Sprint Fidelis Leads Products Liability LitigationDistrict Court, D. Minnesota · 2009
  3. Donna Cisson v. C. R. Bard, IncorporatedCourt of Appeals for the Fourth Circuit · 2016
  4. Howard v. Zimmer, Inc.Supreme Court of Oklahoma · 2013
  5. Huskey v. Ethicon, Inc.District Court, S.D. West Virginia · 2014

80 more not listed; retrieve them via the Exa API.

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