On March 11, 2002two years and nineteen days after the FebrusurgeryMeyer amended her petition and sued Ethicon for products liability, alleging design, manufacturing, and marketing defects in the TLC-55. Mosier for medical negligence on August 31, 2001. As a result of the dehiscence and infection, Meyer underwent several additional surgical procedures and a lengthy hospitalization. Shires discovered that one of the staple lines from the February 9 anastomosis had "dehisced," or separated, allowing bowel contents to leak into Meyer's abdomen and cause a serious infection. George Shires, performed a third operation. On February 21, 2000, Meyer was transferred to another hospital, where a second surgeon, Dr. By February 17, enteric fluid, or bowel content, was leaking out of the laparoscopy incisions in Meyer's abdomen. In the days following the surgery, Meyer's condition first improved, then declined. Mosier made sure the staples were holding and that there was no leakage, and he thought that the anastomosis was working well. Mosier testified that he "milked" or tested the anastomosis to ensure that gas and fluid could pass through the opening without leaking out of Meyer's bowel. He then also used the TLC-55 to attach the remaining portion of the bowel together and create an "anastomosis" between the cut ends of the bowel by stapling, rather than suturing, them together and cutting an opening between them to restore the flow of bowel contents. Mosier used the TLC-55 to staple and cut Meyer's bowel on either side of the part to be removed. A linear cutter is a surgical device that creates parallel lines of staples and cuts the tissue between the staple lines, all with one "firing" of the device. Mosier performed the surgery with the assistance of a TLC-55 linear *515 cutter designed, manufactured, and marketed by Ethicon.
The resectioning involved removing a three-foot length of Meyer's intestines and reconnecting the cut ends. Mosier performed a second laparoscopy on Meyer to repair the damage to her intestines by resectioning part of her small bowel. Mosier discovered that a loop of Meyer's small bowel had herniated through the laparoscopy incision, lost its supply of oxygen, and burst. Curtis Mosier performed an exploratory laparoscopy on Meyer in an attempt to find the cause of her generalized abdominal pain.
Endo stapler ethicon trial#
We answer "yes" to that question, reverse the trial court's judgment, and render a take-nothing judgment. The key question is whether the surgeon who used the TLC-55 on Meyer conclusively negated producing cause when he testified that he had independent knowledge of the risks of which Meyer claims Ethicon should have warned him. Ethicon appeals from a jury verdict and judgment in favor of Appellee Dianne Meyer. The product in question is the TLC-55 linear cutter/surgical stapler designed, manufactured, and marketed by Appellant Ethicon Endo-Surgery, Inc. This is a marketing-defect products liability case. On Appellee's motion for rehearing, we withdraw our opinion and judgment of April 12, 2007, and substitute the following. (Senior Justice, Retired, Sitting by Assignment). *514 Thompson & Knight, LLP, David Noteware and Jennifer L. In addition, Johnson & Johnson has discontinued the HCS stapler line entirely.249 S.W.3d 513(2007) ETHICON ENDO-SURGERY, INC., Appellant,Ĭourt of Appeals of Texas, Fort Worth. This manufacturing change could lead to problems with the device’s firing.
When Ethicon issued its original recall, Johnson & Johnson stated that the cause of the misfiring was a lubrication process change that began in April 2011. Ethicon TRANSTAR Circular Stapler Procedure Set (Product Code: STR10)Īll lots were manufactured from Apto Jand distributed from Apto July 23, 2012.Ethicon PROXIMATE PPH Hemorrhoidal Circular Stapler and Accessories 33mm (Product Code: PPH03).Ethicon PROXIMATE HCS Hemorrhoidal Circular Stapler and Accessories 33mm (Product Code: PPH01).The following Ethicon surgical staplers were recalled by Johnson & Johnson: Incomplete firing strokes and incomplete staple formation may result in the following:Įthicon Surgical Staplers Subjected to Recall In some cases, the stapler was so difficult to use that the surgeon gave up on the stapler entirely during surgery.
Johnson & Johnson Stapler Malfunction Could Cause DeathĪccording to the FDA, users have difficulty firing the stapler devices during surgical procedures.
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