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TANYA GUIDI, Plaintiff-Appellant, v. STRYKER CORPORATION; HOWMEDICA OSTEONICS CORPORATION, Defendants-Appellees.

TANYA GUIDI, Plaintiff-Appellant, v. STRYKER CORPORATION; HOWMEDICA OSTEONICS CORPORATION, Defendants-Appellees. No. 03-55410 United States Court of Appeals, Ninth Circuit May 2, 2005

NOT FOR PUBLICATION

Before: BROWNING, PREGERSON, and BERZON, Circuit Judges.

ORDER AMENDING MEMORANDUM DISPOSITION AND DENYING THE PETITION FOR REHEARING

The Memorandum disposition filed January 7, 2005 is amended as follows:

First paragraph, page 2, replace fifth sentence with §Guidi underwent restorative surgery on April 9, 2001.§

On page 4, fourth paragraph, replace second and third sentences with §After she saw a second orthopaedic surgeron on March 8, 2001, Guidi knew that her pelvic bond was severely damaged and that her hip prosthesis was missing half of its cup. Thus, as of March 8, 2001, Guidi knew she was injured and required surgery, but she did not know, or necessarily have reason to suspect, that a defective product might have tortiously caused her injury.§

With these amendments, the petition for rehearing is denied. No further petitions for panel rehearing or rehearing en banc shall be entertained.

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Guidi v. Stryker Corporation
(May 2, 2005)