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123130P.pdf 05/12/2014 Carol Mack v. Stryker Corporation
U.S. Court of Appeals Case No: 12-3130
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Smith, Author, with Bye and Benton, Circuit Judges]
Civil case - Products liability. In an action alleging plaintiff developed
chondrolysis after her surgeon implanted defendant's pain pump in her
shoulder, the district court did not err in determining it was not
reasonably foreseeable, based on the medical literature in 2002, that use
of the pain pump in an articular joint would lead to joint damage; FDA
denials of defendant's applications to use the pump in intra-articular
spaces did not indicate to defendant that the pump was unsafe for such
uses or that its use could result in foreseeable harm. Judge Bye,
dissenting.