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SITA v. DANEK MEDICAL, INC.

No. Civ.A. 95-3630(DGT).

43 F.Supp.2d 245 (1999)

Michael SITA and Beverly Sita, Plaintiffs, v. DANEK MEDICAL, INC., Respondent.

United States District Court, E.D. New York.

March 29, 1999.

Attorney(s) appearing for the Case

David A. Vesel, Raleigh, NC, for plaintiff.

Gabirini & Scher, P.C., New York City, Pepper Hamilton LLP, New York City, for defendant.

MEMORANDUM AND ORDER

TRAGER, District Judge.

This is one of two thousand actions filed by five thousand plaintiffs nationally against the makers of surgical screw systems used by orthopedic surgeons in certain types of spinal surgeries. The plaintiffs here are Michael Sita ("Sita"), now 57 years old, and his wife, Beverly Sita. Sita alleges claims of per se negligence arising out of alleged violations of 21 U.S.C. § 301, strict products liability...

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