Expert Testimony Did Not Establish Negligent Marketing of Stomach Stapler, Court Rules

DALLAS - Expert testimony proffered by the plaintiff in a stomach stapling device case failed to establish the appropriate standard of care for her negligent marketing claim and did not show that the device manufacturer failed to comply with that standard, a Texas appellate court has ruled. Ethicon Endo-Surgery Inc. v. Gilles, No. 05-09-00150 (Texas App. Ct., 5th Dist.).

The Texas Court of Appeals, 5th District, reversed a trial court ruling in favor of the plaintiff, noting that the plaintiff's expert admitted that Ethicon Endo-Surgery Inc. warned doctors not to use its stapling device on tissue that is more than …