Product Liability Claims in Wash. Federal Surgical Stapler Case Dismissed; Privacy Claims to Proceed

TACOMA, Wash. — A Washington federal judge has awarded Ethicon Endo-Surgery Inc. summary judgment on product liability claims in a surgical stapler action, finding the plaintiff failed to proffer credible evidence that the stapler malfunctioned during her surgery.

However, in the Sept. 7 order, Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington denied Ethicon’s motion on a claim for invasion of privacy, finding sufficient evidence that an Ethicon sales representative was present during her surgery without her knowledge and/or consent.

Samantha Poore-Rando alleges she suffered an anastomotic leak caused by the use of …