9/13/2023 0 Comments Endo stapler ethicon![]() ![]() Calvert, "No Evidence" and "Insufficient Evidence" Points of Error, 38 TEX. We will sustain a legal sufficiency challenge when the evidence establishes conclusively the opposite of a vital fact. Mosier testified that he had independent knowledge of the risks of using the TLC-55 even if Ethicon failed to warn him of those risks. In the second part of its fourth issue, Ethicon argues that the evidence conclusively negated producing cause because Dr. Mosier's testimony regarding his independent knowledge of the risks of using a linear cutter/stapler conclusively negated producing cause with regard to the TLC-55's alleged marketing defect. On appeal, Ethicon argues, among other things, that Meyer's claim was barred by limitations and that Dr. A jury found that the TLC-55 was defectively marketed and awarded $538,281.73 in damages to Meyer, and the trial court entered judgment accordingly. Mosier, dismissed other defendants, and proceeded to trial against Ethicon. On March 11, 2002two years and nineteen days after the FebrusurgeryMeyer amended her petition and sued Ethicon for products liability, alleging design, manufacturing, and marketing defects in the TLC-55. Mosier for medical negligence on August 31, 2001. As a result of the dehiscence and infection, Meyer underwent several additional surgical procedures and a lengthy hospitalization. Shires discovered that one of the staple lines from the February 9 anastomosis had "dehisced," or separated, allowing bowel contents to leak into Meyer's abdomen and cause a serious infection. George Shires, performed a third operation. ![]() On February 21, 2000, Meyer was transferred to another hospital, where a second surgeon, Dr. ![]() By February 17, enteric fluid, or bowel content, was leaking out of the laparoscopy incisions in Meyer's abdomen. In the days following the surgery, Meyer's condition first improved, then declined. Mosier made sure the staples were holding and that there was no leakage, and he thought that the anastomosis was working well. Mosier testified that he "milked" or tested the anastomosis to ensure that gas and fluid could pass through the opening without leaking out of Meyer's bowel. He then also used the TLC-55 to attach the remaining portion of the bowel together and create an "anastomosis" between the cut ends of the bowel by stapling, rather than suturing, them together and cutting an opening between them to restore the flow of bowel contents. Mosier used the TLC-55 to staple and cut Meyer's bowel on either side of the part to be removed. A linear cutter is a surgical device that creates parallel lines of staples and cuts the tissue between the staple lines, all with one "firing" of the device. Mosier performed the surgery with the assistance of a TLC-55 linear *515 cutter designed, manufactured, and marketed by Ethicon. The resectioning involved removing a three-foot length of Meyer's intestines and reconnecting the cut ends. ![]() Mosier performed a second laparoscopy on Meyer to repair the damage to her intestines by resectioning part of her small bowel. Mosier discovered that a loop of Meyer's small bowel had herniated through the laparoscopy incision, lost its supply of oxygen, and burst. Curtis Mosier performed an exploratory laparoscopy on Meyer in an attempt to find the cause of her generalized abdominal pain. We answer "yes" to that question, reverse the trial court's judgment, and render a take-nothing judgment. The key question is whether the surgeon who used the TLC-55 on Meyer conclusively negated producing cause when he testified that he had independent knowledge of the risks of which Meyer claims Ethicon should have warned him. Ethicon appeals from a jury verdict and judgment in favor of Appellee Dianne Meyer. The product in question is the TLC-55 linear cutter/surgical stapler designed, manufactured, and marketed by Appellant Ethicon Endo-Surgery, Inc. This is a marketing-defect products liability case. On Appellee's motion for rehearing, we withdraw our opinion and judgment of April 12, 2007, and substitute the following. (Senior Justice, Retired, Sitting by Assignment). *514 Thompson & Knight, LLP, David Noteware and Jennifer L. 249 S.W.3d 513(2007) ETHICON ENDO-SURGERY, INC., Appellant,Ĭourt of Appeals of Texas, Fort Worth. ![]()
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