Griffin v. Medtronic, Inc.

312 F. Supp. 3d 682
CourtDistrict Court, M.D. Tennessee
DecidedMay 14, 2018
DocketNo. 3:18–cv–00069
StatusPublished

This text of 312 F. Supp. 3d 682 (Griffin v. Medtronic, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Medtronic, Inc., 312 F. Supp. 3d 682 (M.D. Tenn. 2018).

Opinion

WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE

In this products liability action, Defendants have filed a Motion to Dismiss (Doc. No. 5), arguing that the Complaint "fails to comply with the pleading requirements of Federal Rules 8 and 12, as articulated by the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), and Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)." (Doc. No. 5 at 1). Because the Court disagrees, the Motion will be denied.

In Ashcroft and Twombly, the Supreme Court "raised the bar for pleading requirements beyond the old 'no-set-of-facts' standard of Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), that prevailed for the last few decades." Courie v. Alcoa Wheel & Forged Prod., 577 F.3d 625, 629 (6th Cir. 2009). In doing so, however, it "did not significantly alter notice pleading or impose heightened pleading requirements for all federal claims." Weisbarth v. Geauga Park Dist., 499 F.3d 538, 542 (6th Cir. 2007). Instead, " Rule 8(a)(2) of the Federal Rules of Civil Procedure generally requires only a plausible 'short and plain' statement of the plaintiff's claim, not an exposition of [ ] legal argument[s]." Skinner v. Switzer, 562 U.S. 521, 530, 131 S.Ct. 1289, 179 L.Ed.2d 233 (2011). This short and plain statement need only contain " 'sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.' " Bandy v. Fifth Third Bank, 519 Fed.Appx. 900, 902 (6th Cir. 2013) (citation omitted).

According to the Complaint, Kai Griffin was admitted to St. Thomas Midtown Hospital in Nashville, Tennessee for a laproscopic Roux-en-Y gastric bypass procedure. (Complaint, Doc. No. 1-1, ¶ 11). That procedure was preformed by Dr. James G. McDowell. (Id. ).

During the procedure, Dr. McDowell utilized a "DST SERIES EEA OrVil 25mm device" ("OrVil Device"). (Id. ¶¶ 8, 11). That surgical instrument was "designed manufactured, and distributed" by Defendants. (Id. ¶ 8).

The OrVil Device consists of a nasogastric tube, and a disc-shaped part referred to as an "anvil." The tube is inserted into a patient's nose or mouth and pushed into the stomach. The anvil is connected to the tube by a plastic coupling measuring approximately 3 mm in length by 1mm in width. (Id ¶ 12).

When performing the surgery, Dr. McDowell removed the anvil from the nasogastric tube and coupling. In doing so, the coupling "broke off or separated from the nasogastric tube," and fell into Mr. Griffin's peritoneal cavity. (Id. ). The "coupling piece is not manufactured or designed *684to break off or separate from the nasogastric tube during surgery," nor was such "an unintended and unexpected result ... apparent to the ordinary users of the OrVil device[.]" (Id. ¶ 14).

Realizing that the coupling piece had separated from the tube, Dr. McDowell searched for, but could not find, it. As a consequence, Dr. McDowell was forced to complete the surgery and close the surgical site without removing the coupling. (Id. ¶¶ 15, 16). During post-op, Dr. McDowell explained to Mr. Griffin what had happened. In a follow-up visit when Mr. Griffin complained of sharp intermittent pain, Dr. McDowell told him that another surgery might be necessary to remove the coupling. (Id. ¶¶ 17, 20).

On February 4, 2017, Mr. Griffin went to the Williamson Medical Center Emergency Department complaining of shoulder and abdominal pain. A CT scan revealed the presence of a foreign body that was later determined to be the plastic coupling piece. (Id. ¶¶ 21, 22).

On February 6, 2017, Mr. Griffin followed up with Dr. McDowell. The next day, at St. Thomas Midtown Hospital, Dr. McDowell laparoscopically removed the coupling from Mr. Griffin's abdomen. Mr. Griffin was discharged the next day.

In addition to alleging that the coupling device should not separate during surgery, Plaintiffs allege that (1) "the OrVil Device was in a defective condition, unreasonably dangerous, and unsafe for its intended purpose when it left Defendants' hands" (id. ¶ 32); (2) "Defendants failed to give instructions ... as to its use that would make it safe" (id. ¶ 33); (3) Defendants "fail[ed] to use reasonable care in the design, manufacture, inspection, testing, and marketing of the OrVil Device" (id. ¶ 41); (4) the OrVil device "was unaccompanied by appropriate warnings" (id. ¶ 44); (5) "Defendants failed to timely and reasonably warn of material facts regarding the safety and efficacy of the OrVil device' (id. ¶ 46); and (6) "Defendants impliedly represented and warranted that the OrVil Device [was] fit for its intended and reasonably anticipated purposes and uses," but it was not (id. ¶ 49). Based upon Defendants acts and omissions, Plaintiffs claim that, not only did Mr. Griffin have to visit the Emergency Room and undergo an additional surgery, he "experienced significant pain" between the two surgeries, and "had severe anxiety over the fact that a broken product was somewhere in his body." (Id. ¶ 27).

When the factual allegations in the Complaint are accepted as true, they are more than sufficient to place Defendants on notice of Plaintiffs' claims.

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Bruce Bandy v. Fifth Third Bank
519 F. App'x 900 (Sixth Circuit, 2013)
Brown v. Crown Equipment Corp.
181 S.W.3d 268 (Tennessee Supreme Court, 2005)
Courie v. Alcoa Wheel & Forged Products
577 F.3d 625 (Sixth Circuit, 2009)
Weisbarth v. Geauga Park District
499 F.3d 538 (Sixth Circuit, 2007)
Haynes v. Hamilton County
883 S.W.2d 606 (Tennessee Supreme Court, 1994)
King v. Danek Medical, Inc.
37 S.W.3d 429 (Court of Appeals of Tennessee, 2000)
Victoria Jackson v. Ford Motor Company
842 F.3d 902 (Sixth Circuit, 2016)

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Bluebook (online)
312 F. Supp. 3d 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-medtronic-inc-tnmd-2018.