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ARTICLE · 05 NOVEMBER 2024

Product Liability Update – October 2024

Foley Hoag LLP
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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts...

United StatesConsumer Protection
David Geiger
David Geiger
James M. Gross
James M. Gross
Caroline Holliday
Caroline Holliday
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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New York and New Jersey

MASSACHUSETTS

Massachusetts Federal Court Grants Summary Judgment On FailureTo-Warn, Negligent Misrepresentation And Deceptive Practices Claims Against Surgical Stapler Manufacturer, As Plaintiffs Offered No Evidence Surgeon Reviewed Stapler Instructions Or Adverse Event Reports Or Relied On Manufacturer Statements, And Manufacturer Has No Duty To Publicly Report Adverse Events

In Corrigan v. Covidien LP, No. 22-cv-10220, 2024 U.S. Dist. LEXIS 165161 (D. Mass. Sept. 13, 2024), plaintiff allegedly developed an anastomotic leak after a laparoscopic sigmoidectomy utilizing a surgical stapler, requiring corrective surgery. He sued the stapler manufacturer and related entities in the United States District Court for the

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