Texas Federal Judge Dismisses Design Defect Claim in Manual Surgical Stapler Case

SHERMAN, Texas — A Texas federal judge has dismissed a design defect claim in a Covidien EEA manual surgical stapler case, adopting a magistrate judge’s finding that the plaintiffs failed to adequately allege that a safer alternative design existed.

In a March 30 order, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas explained that the plaintiffs’ proposal of powered staplers as an alternative failed because such devices are “a substantially different product.”

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