STORY FROM: Drugs & Medical Devices

Plaintiff May Amend Negligence Claim Against Medtronic in Endurant Aortic Graft Lawsuit

ST. LOUIS — A Missouri federal judge has allowed a plaintiff to amend her negligence claim in which she accuses Medtronic and its sales representative of recommending that a surgeon use the wrong size graft in a patient’s aorta during heart surgery, causing her death.

On Nov. 6, Judge Audrey G. Fleissig of the U.S. District Court for the Eastern District of Missouri said the plaintiff may allege additional facts showing that the sales representative was acting within the scope of his employment at the time of the decedent’s injury. The judge further held that the negligence claim is not ...

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