9th Cir. Upholds Dismissal of Ethicon ‘Surgiflo’ Surgical Packing Lawsuit

SAN FRANCISCO — A federal appeals court has upheld dismissal of a manufacturing defect claim asserted against Ethicon Inc. in connection with its Surgiflo surgical packing, agreeing with the trial court that plaintiffs failed to adequately allege the nature of the alleged defect.

In a June 12 memorandum, the 9th Circuit U.S. Court of Appeals also refused to reinstate a failure-to-warn claim, citing a lack of evidence that Ethicon failed to report adverse events to the Food and Drug Administration.

Kimberly Weaver underwent sinus surgery on Nov. 24, 2014, during which her surgeon used Ethicon’s Surgiflo Hemostatic Matrix Kit to …