United States Third Circuit
BALDERSTON v. MEDTRONIC SOFAMOR DANEK, INC., 01-2589
Orthopedic surgeon who purchased screws for use in spinal fusion surgeries is not a "purchaser" under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, because any purchase he made was for business, not "personal, family or household" use, and he cannot recover based on his patients' "personal uses" of the screws.
Appellate Information
- Argued 01/16/2002
- Decided 04/03/2002
- Published 04/03/2002
Judges
- Before: SCIRICA, GREENBERG and BRIGHT , Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Paul R. Rosen, (Argued), David B. Picker, Nancy Abrams, Michael C. Wagner, Spector Gadon & Rosen, Philadelphia, PA, Attorneys for Appellant.
- For Appellees:
- Philip H. Lebowitz, Pepper Hamilton, Philadelphia, PA, Attorney for Appellee, Medtronic Sofamor Danek, Inc., Mark Herrmann, (Argued), John Q. Lewis, Jones Day Reavis & Pogue, Cleveland, OH, Luis A. Bove, Bodell Bove Grace & Van Horn, Philadelphia, PA, Attorneys for Appellee, Acromed Corporation.