Lisa Stilwell v. Smith & Nephew, Inc., a Corporation

482 F.3d 1187 Lisa STILWELL, Plaintiff-Appellant, v. SMITH & NEPHEW, INC., a corporation, Defendant-Appellee. No. 05-15000. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 5, 2006. Filed April 11, 2007. Joseph W. Charles, Glendale, AZ, briefed and argued for the appellant. Raymond R. Cusack and Stephen T. Portell, Tucson, AZ, briefed for the appellee. Mr. Portell argued for the appellee. Appeal from the United States District Court for the District of Arizona; Susan R. Bolton, District Judge, Presiding. D.C. No. CV-03-01322-SRB. Before: BRIGHT, * D.W. NELSON, and BERZON, Circuit Judges. BRIGHT, Circuit Judge: 1 Plaintiff and appellant Lisa Stilwell ("Stilwell") sustained two broken legs in a 1995 automobile accident. During her surgical treatment and recovery, doctors twice implanted a Russell-Taylor metal reconstruction nail ("RT nail") to stabilize a compound subtrochanteric fracture of her right femur. 1 These two nails failed during the healing process, causing Stilwell pain, suffering, and disability. She brought this action against the defendant and appellee Smith & Nephew, Inc., manufacturer of the devices. Stilwell asserted claims based…