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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALBERT F. HECK : : v. : : AMERICAN MEDICAL SYSTEMS, INC. : ...o0o... MEMORANDUM Now pending before the court is a motion to dismiss filed by defendant American Medical Systems, Inc. ("AMS") against the plaintiff Dr. Albert F. Heck. Dr. Heck is suing AMS over its medical implant device, the AMS Sphincter 800 ("AMS 800"). Having allowed Dr. Heck an opportunity to amend his original complaint after granting AMS' first motion to dismiss for failure to state a claim, the court must now determine whether Dr. Heck's amended complaint can survive this second dismissal motion. The issues in this case have been fully briefed and a hearing was held on April 30, 2008. For the reasons stated below, AMS' motion will be granted. BACKGROUND Because the court is considering a motion to dismiss, the factual background of the case is taken entirely from Dr. Heck's amended complaint. This medical products liability case centers around an allegedly defective artificial urinary sphincter device, the AMS 800, that was surgically implanted in Dr. Heck on October 22, 2004. (Amended Compl. at

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