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Nannette Louise Grant and Timothy Lawrence v. Bristol-Myers Squibb, et al.

Date: 04-03-2000

Case Number: 93-CV-1275

Judge: Robert G. Strand

Court: United States District Court for the District of Arizona

Plaintiff's Attorney: Elliot G. Wolfe, Daniel J. Adelman and Serena C. Montague of Begam Lewis Marks and Wolf, Phoenix, Arizona.

Defendant's Attorney: Sheila Carmody, Merton E. Marks and Robert Glen of Fisher & Roca L.L.P., Phoenix, Arizona;
Michael F. Healy of Sedgwick Detert Moran & Arnold, San Francisco, California; and
Nathan Alan Schachtman of McCArter & English LLP, Philadelphia, Pennsylvania for Bristol-Myers Squibb Co., Medical Engineering Corp. and Surgitek, Inc.

Janet E. Kornblatt, Cavanagh Law Firm, P.A., Phoenix, Arizona and John H. Westover, Westover & Westover, Phoenix, Arizona

Description:

Products Liability - Plaintiff and her husband alleged causes of action for strict liability, negligence, failure to warn, breach of express and implied warranties, breach of warranty of fitness for a particular purpose, breach of UCC, misrepresentation, fraud by concealment, false advertising, negligence per se, res ipsa loquitur, negligent infliction of emotional distress, negligent supervision, corporate negligence/vicarious and/or alter ego liability relating to harm allegedly sustained as a result of Surgitek bi-lumen silicone gel-filled breast implants. Nannette Louise Grant was implanted with the breast implants on June 25, 1984. The implants were removed on June 2, 1993. Plaintiffs claimed that her implants caused her to develop severe health problems, including, but not limited to, chronic fatigue syndrome, breast pain, depression, and dry mouth and eyes.

Defendants denied that the breast implants were defective and/or unreasonably dangerous and moved to exclude Plaintiffs' expert witnesses' testimony based on Daubert v. Merrell Dow Pharmaceuticals, Inc.

Outcome:

Motion in limine sustained and motion for summary judgment sustained.

Plaintiff's Experts:

Dr. Gary Solomon, Dr. Christopher Batich, Dr. Pierre Blais, Dr. Saul Puszkin and Dr. Douglas Shanklin

Defendant's Experts:

Unknown

Comments:

For more information about his case, see: 97 F.Supp.2d 986 (D.Ariz. 2000).

Reported by Kent Morlan

About This Case

What was the outcome of Nannette Louise Grant and Timothy Lawrence v. Bristol-Mye...?

The outcome was: Motion in limine sustained and motion for summary judgment sustained.

Which court heard Nannette Louise Grant and Timothy Lawrence v. Bristol-Mye...?

This case was heard in United States District Court for the District of Arizona, AZ. The presiding judge was Robert G. Strand.

Who were the attorneys in Nannette Louise Grant and Timothy Lawrence v. Bristol-Mye...?

Plaintiff's attorney: Elliot G. Wolfe, Daniel J. Adelman and Serena C. Montague of Begam Lewis Marks and Wolf, Phoenix, Arizona.. Defendant's attorney: Sheila Carmody, Merton E. Marks and Robert Glen of Fisher & Roca L.L.P., Phoenix, Arizona; Michael F. Healy of Sedgwick Detert Moran & Arnold, San Francisco, California; and Nathan Alan Schachtman of McCArter & English LLP, Philadelphia, Pennsylvania for Bristol-Myers Squibb Co., Medical Engineering Corp. and Surgitek, Inc. Janet E. Kornblatt, Cavanagh Law Firm, P.A., Phoenix, Arizona and John H. Westover, Westover & Westover, Phoenix, Arizona.

When was Nannette Louise Grant and Timothy Lawrence v. Bristol-Mye... decided?

This case was decided on April 3, 2000.