United States Sixth Circuit

Plaintiff has standing to seek medical testing and monitoring made necessary by the implantation of a medical device that has not yet malfunctioned or caused him any physical injuries, but presents an increased risk of future harm.

Appellate Information

• Decided 08/23/2005
• Published 08/23/2005

Judges

• Before:  COLE and CLAY, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Carroll C. Johnson III, Law Offices of Carroll C. Johnson, Memphis, Tennessee, for Appellant.  James C. Martin, Reed Smith LLP, Pittsburgh, Pennsylvania, for Appellees.   ON BRIEF:  Paul Berry Cooper III, Deal, Cooper & Holton, Memphis, Tennessee, for Appellant.  James C. Martin, Donna M. Doblick, Reed Smith LLP, Pittsburgh, Pennsylvania, DeWitt M. Shy, Jr., Burch, Porter & Johnson, Memphis, Tennessee, for Appellees.