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07-4335 - FLAMBARD et al v. BIOMEDICAL TISSUE SERVICES, LTD. et al


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07-4335 - FLAMBARD et al v. BIOMEDICAL TISSUE SERVICES, LTD. et al
December 10, 2008
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on 12/9/2008. (mn, )ORDER stating that defendants are entitled to judgment as a matter of law, and judgment is entered in favor of defendants as follows: recipient plaintiffs whose tissue was kept at room temperature for thirty or more days; recipient plaintiffs who tested negative for certain diseases six months or more after implant surgery; recipient plaintiffs who have any claims involving the transmission of prion disease, all are dismissed with prejudice and a final judgment is entered pursuant to FRCP 56 and/or 54 (B) (cases listed on exhibits A&B); and recipient plaintiffs who have affirmatively pled an additional claim of bone failure or bacterial infection are not dismissed, but rather administratively stayed etc.. Signed by Judge William J. Martini