News Brief

Warin and Duffy Obtain Summary Judgment in Medical Device PL Case

April 27, 2018

Kathleen Warin (Partner-Washington, DC) and Ryan Duffy (Associate-Washington, DC) recently obtained summary judgment on behalf of a medical device distributor as part of ongoing national litigation. The case involves numerous product liability claims against our clients related to the use of a power morcellator during laparoscopic surgery. Kathleen and Ryan are national counsel for the device manufacturer and distributor, and our New Orleans office served as local counsel for this matter during the three-year litigation. The U.S. District Court, Western District of Louisiana adopted the team’s arguments and granted summary judgment as to plaintiffs’ claims for defective design, inadequate warning and breach of warranty based on numerous statutory failures under the Louisiana Products Liability Act and in accordance with the learned intermediary doctrine. This is the second summary judgment obtained by the national team within the past six months in addition to several recent dismissals for lack of personal jurisdiction.

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