Recent District Court Decisions Provide Insight On How Courts Will Evaluate A Proximate Cause Defense On Summary Judgment

In two recent cases involving medical device implants, two federal courts ruled on defendants' summary judgment motions on failure to warn claims—one court granting and the other denying. In both cases, the defendant argued that the alleged failure to warn did not proximately cause the plaintiff's injury, i.e., an additional warning would not have had any impact on the way the doctor treated the patient.  The cases—and the differing results—shed light on which facts and theories defense counsel should seek to develop during discovery to succeed on summary judgment. 

In Ellis v. Ethicon, Inc., 2021 WL 2949779, at *1 (W.D. Wash. July 14, 2021), the plaintiff suffered allegedly undisclosed adverse side effects, including chronic sharp pelvic and nerve pain after being implanted with a "TVT"—a prolene mesh implant manufactured by defendant.