Minn. App. Ct. Reinstates Covidien Surgical Stapler Case

MINNEAPOLIS — A Minnesota appellate court has reinstated a Covidien surgical stapler case, ruling the trial court erred in ruling, without conducting a fact inquiry, that the plaintiff was estopped from asserting the claims by failing to list them in his bankruptcy proceeding.

On June 13, the Minnesota Court of Appeals explained that granting summary judgment based upon judicial estoppel is improper when the plaintiff-debtor raises a fact question regarding inadvertence or mistake.

Scott Parks underwent a surgery that involved use of a Covidien surgical stapler in September 2016. After complications with the staples, Parks underwent corrective surgery. He was …