Ethicon Loses Bid To Toss Faulty Stapler Suit

Law360, New York (August 31, 2009, 3:32 PM EDT) -- A federal judge has denied summary judgment to Ethicon Endo-Surgery Inc. in a suit a former gastric bypass patient brought against the Johnson & Johnson subsidiary alleging negligence in the production of a stapler used during her surgery.

Judge William R. Wilson issued his order Thursday in the U.S. District Court for the Eastern District of Arkansas, ruling that Ethicon's claims that the plaintiffs could not definitively establish that Ethicon's TLC 55 cutter/stapler was either used in the surgery or directly caused the subsequent injuries were...
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