On Friday a products liability case hit federal court after being initially filed Galveston County, Texas state court. The Southern District of Texas case was originally filed by the estate of a patient against the University of Texas Medical Branch at Galveston (UTMB) and DePuy Synthes Sales Inc., a division of Johnson & Johnson. The case alleges wrongful death in surgery due to product liability.
The complaint explained that the patient was treated at UTMB for lumbar issues, eventually requiring lumbar surgery. During the procedure, the surgeon was using a fiber optic cable to see the area being operated on with precision. While the surgeon was operating, the fiber optic cable allegedly obscured the surgeon’s visibility and the patient suffered a large dural tear.
The plaintiffs are suing the defendant UTMB as the responsible entity for maintaining the fiber optic cable, as well as under a theory of respondeat superior for the actions of the surgeon. DePuy is being sued for product liability for the cable itself.