STORY FROM: Drugs & Medical Devices
Plaintiff Permitted to Amend Complaint Against Morcellator Manufacturer in N.J. Federal Action
August 16, 2016
TRENTON, N.J. — A New Jersey federal judge has allowed a plaintiff to amend his design defect claim against the manufacturer of a power morcellator, finding a question of fact exists as to whether a reasonable alternative design existed that would have prevented the plaintiff’s injuries.
On August 8, Magistrate Judge Joseph Dickson of the U.S. District Court for the District of New Jersey explained that whether an appropriate alternative design to the morcellator includes a surgical tissue bag is an issue that should be litigated. The judge further held that the plaintiff’s proposed failure-to-warn claim was adequately pled.
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