LPLA Claims Dismissed Without Prejudice in Covidien Vessel Sealing Device Case

NEW ORLEANS — A Louisiana federal judge has dismissed without prejudice product liability claims targeting Covidien’s vessel sealing device, finding the plaintiff failed to allege that her doctor would not have used the device had he been provided with a different warning.

In a Feb. 5 order, Judge Martin Feldman of the U.S. District Court for the Eastern District of Louisiana further found the plaintiff failed to plead that a safer alternative design existed, did not identify an express warranty, and did not allege that the device had a construction defect.

Yvette Oliver underwent a hysterectomy in 2018. During that …