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WATKINS v. OMNI LIFE SCIENCE, INC.

Civil Action No. 09-10857-RGS.

692 F.Supp.2d 170 (2010)

Otis WATKINS, and McKinlee Pruett, Individually and as Representatives of a Proposed Class v. OMNI LIFE SCIENCE, INC., Successor to Apex Surgical, LLC.

United States District Court, D. Massachusetts.

March 9, 2010.

Attorney(s) appearing for the Case

Ingrid M. Evans, Waters, Kraus & Paul, San Francisco, CA, Marilyn T. McGoldrick, Thornton & Naumes, LLP, Boston, MA, Charles S. Siegel, Water & Kraus LLP, Dallas, TX, for Plaintiffs.

Brian C. Carroll, James J. Dillon, Foley Hoag LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS

STEARNS, District Judge.

Plaintiffs Otis Watkins and McKinlee Pruett are recipients of the Apex Model Replacement Hip (Apex Hip), designed, marketed, and sold by defendant Omni Life Science, Inc. (Omni), the successor to Apex Surgical, LLC (Apex). Although neither plaintiff alleges an Apex Hip malfunction, they claim that the relatively high rate of failure of the Apex Hip places them and members...

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