Brenda Griffin Toole, Plaintiff-Appellee-Cross-Appellant v. Baxter Healthcare Corporation, Defendant-Appellant-Cross-Appellee
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BARKETT, Circuit Judge:
Baxter Healthcare Corporation (“Baxter”) appeals a final judgment based on a jury verdict in favor of Brenda Toole for injuries she suffered as a result of breast implants manufactured by Heyer-Schulte Corporation, Baxter’s predecessor corporation.
In 1987, several years after receiving the implants, Ms. Toole began to experience capsular contracture, a hardening of the breast due to scar tissue around the implant compressing down on the implant. Her physician performed a “closed capsu-lotomy” 1 to correct the contracture. Ms. Toole’s pain continued, leading to surgery…
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