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KEE v. ZIMMER, INC.

Civil Action No. 11-7789.

871 F.Supp.2d 405 (2012)

Marina KEE, Plaintiff, v. ZIMMER, INC., Defendant.

United States District Court, E.D. Pennsylvania.

May 17, 2012.

Attorney(s) appearing for the Case

Steven F. Marino, Marino & Associates PC, Philadelphia, PA, for Plaintiff.

John P. Lavelle, Jr., Rebecca Jill Hillyer, Philadelphia, PA, Katharine Heitman, Kurt Stitcher, Chicago, IL, for Defendant.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Defendant prescription medical device manufacturer moved to dismiss Counts I-VII and IX because, inter alia, Pennsylvania law does not impose liability for harm caused by a prescription device manufacturer under theories not based on negligence. For the reasons that follow, the Court will grant the motion and dismiss Counts I-VII and IX.

I. BACKGROUND1

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