Zinser v. Accufix Research Institute, Inc.
United States Court of Appeals for the Ninth Circuit
253 F.3d 1180 (2001)
- Written by Catherine Cotovsky, JD
Facts
Robin Zinser (plaintiff) filed a class-action lawsuit against Accufix Research Institute, Inc. (ARI) and two other companies with ownership in ARI (defendants) for products-liability claims arising from a pacemaker part designed, manufactured, and distributed by ARI. Zinser’s complaint requested relief that included paying the cost associated with notifying patients of the pacemaker part’s defects, establishing a medical monitoring fund, paying future medical expenses, and conducting additional research, as well as compensatory and punitive damages. Zinser moved for class certification for a proposed class including all patients in the United States who had ever had the pacemaker part implanted in their bodies, with a subclass for those who currently had the pacemaker part implanted and a second subclass for those who had the pacemaker part implanted and later removed. The district court denied certification of the class and subclasses, and Zinser appealed.
Rule of Law
Issue
Holding and Reasoning (Gould, J.)
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