STORY FROM: Hip & Knee Implant Litigation

Mich. Federal Judge Dismisses Electrosurgical Generator Lawsuit for Lack of Causation

DETROIT — A Michigan federal judge has dismissed a lawsuit brought by a man who was allegedly burned by a Medtronic electrosurgical generator during orthopedic surgery, ruling that the complaint does not sufficiently allege causation.

In a Dec. 12 order, Judge Gershwin Drain of the U.S. District Court for the Eastern District of Michigan further held that the sophisticated user doctrine defeats the failure-to-warn claims because the ESG is a surgical machine provided to hospitals and doctors for their use.

Charles Abdulkarim underwent orthopedic surgery, which included the use of the Medtronic ESG. During the surgery, Abdulkarim suffered non-superficial burns. ...

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