Covidien Endo Surgical Stapler Action Proceeds in Calif. Federal Court

SAN FRANCISCO — A California federal judge has refused to dismiss a lawsuit targeting Covidien’s surgical stapler, finding the plaintiff has adequately alleged how the device deviated from its intended design and that the manufacturer knew the stapler could malfunction but failed to warn the plaintiff’s surgeon of that risk.

However, in a Feb. 26 order, Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed without prejudice the design defect claim, finding the plaintiff failed to specifically allege how the Covidien Endo GIA stapler was defectively designed.

Nichols was admitted to the …