N.C. Federal Judge Dismisses Covidien Stapler Case Without Prejudice
May 19, 2023
CHARLOTTE, N.C. — A North Carolina federal judge has dismissed a complaint alleging that a defective Covidien stapler caused extensive injuries during a colon and rectum removal surgery, finding the plaintiffs failed to allege how the device was defectively designed.
In a May 18 order, Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina dismissed the claims for inadequate design, failure to warn, negligence, breach of warranty and fraud without prejudice, and granted plaintiffs leave to file an amended complaint.
On September 17, 2019, Cody Asby underwent a proctocolectomy, during which is …