Michael Sutton v. St. Jude Medical S.C., Inc., and St. Jude Medical, Inc.

OPINION

HOOD, District Judge.

Plaintiff-Appellant Michael Sutton appeals the November 26, 2003 order of the district court granting Defendants St. Jude Medical S.C., Inc.’s and St. Jude Medical, Inc.’s motion to dismiss for lack of standing. For the reasons set forth below, we REVERSE the district court’s order, and REMAND the case to the district court for further consideration.

I. INTRODUCTION

Plaintiff-Appellant Michael Sutton brought suit on behalf of a proposed class of persons who underwent cardiac bypass surgery using a medical device called the Symmetry Bypass System Connector (“device”).…