STORY FROM: Drugs & Medical Devices

Colo. Federal Judge Dismisses Contaminated Scope Case, Allows Plaintiff to Amend

DENVER — A Colorado federal judge has dismissed without prejudice claims asserted against Olympus Medical Systems Corp. in a contaminated duodenoscope action, ruling that the court lacks personal jurisdiction over the company because it lacks the requisite minimum contacts with Colorado.

In an Oct. 30 order, Magistrate Judge Nina Y. Wang of the U.S. District Court for the District of Colorado also held that the plaintiff inadequately pled her claims of strict liability, negligence, and misrepresentation. However, the judge allowed the plaintiff to amend her complaint and conduct limited jurisdictional discovery.

In January 2016, Kathleen Lynch underwent an endoscopic retrograde ...

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Burg Simpson Eldredge Hersh & Jardine
Husch Blackwell
McGuire Woods
Panish Shea & Boyle

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