Covidien Surgical Stapler Case Proceeds in Mass. on Design Defect, Warning Claims

BOSTON — A Massachusetts federal judge has allowed a Covidien surgical stapler injury case to proceed on theories of design defect and failure to warn, explaining the issues will be “better resolved on a full factual record.”

In an April 19 order, Chief Judge F. Dennis Saylor explained that questions as to whether defendants’ alleged use of the ASR system and failure to inform the plaintiff’s doctor of the device’s risks are factual issues that cannot be resolved at this stage in the case.

North Carolina resident Kimberly Bell sued Covidien LP, Covidien Holding Inc., Covidien Sales LLC, and Medtronic …