Design, Manufacturing Defect Claims Trimmed from N.Y. Surgical Stapler Case

NEW YORK — A New York federal judge has trimmed claims for design defect, manufacturing defect and breach of warranty from a Covidien surgical stapler case, ruling that the plaintiff failed to allege how the device was defective and point to a “reasonable alternative design.”

However, in the Feb. 12 order, Judge Nusrat Choudhury allowed the failure-to-warn claims to proceed, ruling that the plaintiff adequately alleged that defendants hid the number of reports concerning stapler malfunctions from the public, and provided surgeons with “very little guidance” concerning the device.

William Kane underwent surgery on Sept. 3, 2021, to treat an …