Manufacturing Defect, Warranty Claims Proceed to Trial in Intragastric Balloon Action

GULFPORT, Miss. — A Mississippi federal judge has refused to reconsider his ruling allowing claims of manufacturing defect and breach of express warranty to proceed against Apollo Endosurgery US Inc. in an intragastric balloon action, finding the defendant has neither “clearly established” that the ruling was manifestly erroneous, nor offered newly discovered evidence.

In a Feb. 1 order, Judge David Bramlette of the U.S. District Court for the Southern District of Mississippi also denied Apollo’s motion for a pretrial hearing to determine whether there is sufficient evidence to support the claims.

Stephanie Knoth was endoscopically inserted with the Orbera intragastric …