Sanctions Ordered Against Ethicon in Surgical Stapler Case

CHARLESTON, W. Va. - A federal magistrate judge has ordered sanctions against Ethicon Endo-Surgery Inc. in a surgical stapler case, ruling that the manufacturer inappropriately limited its responses to requests for other claims or reports alleging that the stapler had not been loaded with staples at the time it was manufactured and packaged. Hershberger v. Ethicon Endo-Surgery Inc., No. 10-837 (S.D. W. Va.).

In a Sept. 23 order, Magistrate Judge Mary E. Stanley of the U.S. District Court for the Southern District of West Virginia recommended that the court admit testimony and exhibits concerning other incidents in which it was …