Miss. Intuitive Surgical Stapler Case Survives Dismissal Motion

HATTIESBURG, Miss. — A Mississippi federal judge has refused to dismiss an action alleging injuries caused by Intuitive Surgical Inc.’s surgical stapler, ruling the plaintiffs have adequately alleged that the device was defectively designed and was not accompanied by adequate warnings.

On March 13, Chief Judge Halil Ozerden of the U.S. District Court for the Southern District of Mississippi further found plaintiffs plausibly alleged a breach of express warranty claim.

Tina Franklin underwent surgery in February 2021, during which her surgeon used an Intuitive SureForm 45 mm stapler to create an anastomosis between her small intestine and the remaining portion …