Legal Opinion
Anguiano v. E.I. Du Pont de Nemours & Co.
Court of Appeals for the Ninth Circuit
Decided January 10, 1995No. Nos. 93-15401, 93-16559PublishedCited by 20 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether a manufacturer has a duty to warn of a danger posed by material which is later used in a medical implant device.
I
Between 1978 and 1986, Consuelo Angui-ano and twenty-one other appellants (collectively “Anguiano”) had temporomandibular (“TMJ”) implants placed in their jaws and subsequently suffered tissue reaction when the implants fragmented. The implants were constructed by Vitek, Inc., a company formed in 1969 by Charles Homsy, a former researcher at DuPont who left to develop medical implants made from a composition called Proplast. Vitek…
2Cases cited19 opinions
- Ellen Mendes v. Medtronic, Inc.Court of Appeals for the First Circuit · 1994
- Jennifer Stamps v. Collagen CorporationCourt of Appeals for the Fifth Circuit · 1993
- Jane King v. Collagen CorporationCourt of Appeals for the First Circuit · 1993
- Reserve National Insurance Co. v. Crowell Et UxSupreme Court of the United States · 1993
- Stamps v. Collagen CorpSupreme Court of the United States · 1993
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Temporomandibular Joint (TMJ) Implant Recipients v. Dow Chemical Co.Court of Appeals for the Eighth Circuit · 1997
- Kandis L. Papike v. Tambrands Inc.Court of Appeals for the Ninth Circuit · 1997
- Charlotte Kennedy and Robert L. Kennedy v. Collagen CorporationCourt of Appeals for the Ninth Circuit · 1995
- prod.liab.rep. (Cch) P 14,260 Lora Lohr, Michael Lohr, Her Husband v. Medtronic, Inc., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1995
- Talbott v. C.R. Bard, Inc.Court of Appeals for the First Circuit · 1995
15 more not listed; retrieve them via the Exa API.