Texas Court Reinstates Claims Accusing Hospital of Failing to Remove Recalled Device from Inventory

  • Order

TYLER, Texas — A Texas appeals court has reinstated claims accusing a hospital of negligently allowing a recalled medical device to be implanted in a patient, finding the plaintiff’s expert is qualified to opine as to hospital procedures and protocols.

Specifically, the Texas Court of Appeals, 12th District, held on May 31 that the expert may offer opinions regarding a hospital’s standard of care related to the stocking and continued possession of surgically implanted medical devices after a device was recalled by the manufacturer.

Bennie Grismore sustained a foot injury in 2007, causing him to develop a complex regional pain …


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