Plaintiffs May Depose Covidien Employees in Surgical Stapler Case, Mass. Judge Rules

BOSTON — A Massachusetts federal judge has allowed plaintiffs in a Covidien surgical stapler case to depose two of the companies’ employees, ruling that their testimony is germane to the issue of whether defendants underreported adverse events by misusing the FDA’s Alternative Summary Reporting Program (ASRP).

In a Nov. 21 order, Judge Denise Casper of the U.S. District Court for the District of Massachusetts rejected Covidien’s arguments that the testimony is not relevant and overlaps topics to be addressed by one of its representatives at an upcoming Rule 30(b)(6) deposition.

Brian Corrigan underwent a laparoscopic sigmoidectomy with end-to-end anastomosis, laparoscopic …