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Guadamud v. Dentsply International, Inc.

United States District Court for the Eastern District of New York
20 F. Supp. 2d 433 (1998)


Rosa Guadamud (plaintiff) went to dental school in Ecuador and obtained a license to practice dentistry in Ecuador. After moving to the United States, Guadamud failed the National Board Examination in Dentistry. A person was required to pass this exam in order to obtain a dentistry license in the United States. Guadamud’s Ecuadorian license did not permit her to practice dentistry in the United States. Nevertheless, Guadamud opened her own dentistry practice, in violation of New York law. Under New York law, unlicensed dentistry practice was a felony that carried a maximum four-year sentence. As part of her practice, Guadamud was using a syringe to prepare a patient’s teeth for drilling when the syringe exploded, injuring Guadamud. Guadamud brought a products-liability suit against Dentsply International, Inc. (defendant), the manufacturer of the syringe. Dentsply filed a motion for summary judgment. For purposes of the motion, Dentsply conceded that its product was defective.

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