Covidien Denied Summary Judgment on Causation in Mich. Surgical Stapler Case

DETROIT — A Michigan federal judge has denied Covidien’s motion for summary judgment in a surgical stapler case, ruling that the plaintiff’s key expert witness, who is also her surgeon, may testify that the device’s alleged negligent manufacture caused their injuries.

In a Jan. 16 order, Judge Laurie Michelson of the U.S. District Court for the Eastern District of Michigan found the plaintiffs were not required to submit an expert report for the surgeon because he arrived at his opinions while treating the plaintiff. The judge further ruled that his testimony, along with his post-operative report, support his opinion that …