Judge Denies Manufacturer Summary Judgment in Perclose Device Case

SACRAMENTO, Calif. - A California federal judge has denied a manufacturer's motion for summary judgment in a perclose device case, ruling that the motion is premature because the defendant failed to present evidence that its device was used in the plaintiff's surgery and therefore failed to meet its burden of proof. Walsh v. Abbott Vascular Inc., No. 09-3474 (E.D. Calif.).

On May 23, Judge Morrison C. England Jr. of the U.S. District Court for the Eastern District of California explained that any preemption analysis relating to the device would be premature.

Alice Walsh alleges that her surgeon used a …