Plaintiffs Permitted to Amend Claims in Texas Federal Surgical Stapler Case

SHERMAN, Texas — A Texas federal judge has dismissed without prejudice claims of design defect, manufacturing defect, failure to warn, and breach of warranty claims in a Covidien EEA surgical stapler case, ruling that the plaintiffs should be allowed to amend their complaint to cure the pleading deficiencies.

In an Oct. 1 order, Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas agreed with a magistrate judge that the pleading deficiencies are not clearly incurable.

Janet Adams underwent colorectal surgery during which Dr. Laurie Novosad used a Covidien EEA surgical stapler. According to the complaint, …