Biosense Granted Summary Judgment on Defective Catheter Claims; Claims Against Ascent Will Proceed

MINNEAPOLIS - A Minnesota federal judge has granted Biosense Webster Inc. summary judgment on claims that it defectively manufactured a reprocessed heart catheter which broke apart during surgery; the court ruled that the plaintiff's expert witness did not testify that the device was "defective and unreasonably dangerous" before it left Bionsense's hands. Kapps v. Biosense Webster Inc., et al., No. 09-1039 (D. Minn.).

However, in the Sept. 27 opinion, Judge Patrick J. Schiltz denied in large part defendant Ascent Healthcare Solutions Inc.'s motion for summary judgment, ruling that although Ascent reprocessed rather than manufactured the device, it can still be …