Discovery on Negligence Issue to Proceed in Stomach Stapling Device Case

NEW YORK - A New York federal judge has allowed a plaintiff to proceed with her statutory claim that a stomach-stapling device was manufactured in violation of the standards and specifications of an Investigational Device Exemption. Burgos v. Satiety Inc., No. 10-2680 (E.D. N.Y.).

On April 5, Judge John Gleeson of the U.S. District Court for the Eastern District of New York ruled that although the claim lacks specificity, the information needed to provide such specificity is not publicly available. He therefore allowed the plaintiff to "a brief and strictly-cabined period of discovery in order to determine the terms of …