Plaintiff May Amend Claims in Medtronic Hysterectomy Surgical Tool Case, Judge Rules



DOCUMENTS
  • Order


SACRAMENTO, Calif. — A California federal judge has dismissed without prejudice a lawsuit alleging injuries caused by Medtronic’s hysterectomy surgical tool, ruling that the plaintiff failed to allege how it deviated from its intended design and failed to describe the manufacturing defect or how her surgeon was inadequately warned.

In a Jan. 23 order, Judge Troy Nunley of the U.S. District Court for the Eastern District of California allowed the plaintiff to amend her claims for strict liability, negligence, and breach of express warranty.

Annette Ruiz underwent a hysterectomy in June 2021, during which a screw or pin from Medtronic’s …






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