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Brenda Brandt had a medical device implanted as part of her treatment for a serious medical condition. A charge for the device was included in the hospital bill. Later, the device was recalled by its manufacturer as substandard.
Brandt had suffered serious complications, and the device was removed. She brought suit against the hospital for, among other things, breach of warranty under the Uniform Commercial Code.
Was the purchase of the medical device from the hospital covered under the Uniform Commercial Code? Explain.
Brandt v. Boston Scientific Corporation, Docket No. 93982, Illinois Supreme Court (IL).
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