Noncompliance with Ohio Court’s Lone Pine Order Dooms Sorin 3T Case

CINCINNATI — An Ohio appellate court has upheld dismissal of an action filed against LivaNova by a man who alleged he developed an infection caused by its Sorin 3T Heater-Cooler System, ruling that his noncompliance with the trial court’s Lone Pine order was inexcusable.

In a Nov. 8 opinion, the Ohio Court of Appeals, 1st District, ruled that the plaintiff had all the evidence he needed to at least identify an injury potentially linked to the 3T System, yet failed to do so, in contravention of the order.

Darren Warren underwent heart surgery in November 2016 during which a LivaNova …