Claimant Did Not Prove IVS Tunneller Caused Injuries, Court Affirms

LOS ANGELES - A California appellate court has affirmed summary judgment in favor of Tyco Healthcare Group on claims that it failed to warn doctors and consumers that its IVS Tunneller device was defective and dangerous. Courtenay, et ux. v. Tyco Healthcare Group, No. B218684 (Calif. App., 2nd Dist.).

On Jan. 13, the California Court of Appeal, 2nd District, ruled that the plaintiffs failed to show that the alleged injuries were caused by the device. The court further affirmed that plaintiffs lacked standing under California Business & Professions Code § 17204.

In May 2004, Elisabeth Courtenay underwent gynecologic nonreconstructive surgery …