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Washington Parish woman files class action against Covidien over gastric stapling device

By Michelle Keahey | May 25, 2012

NEW ORLEANS - A Washington Parish woman has filed a class action lawsuit against the manufacturer of gastric stapling devices, claiming that the devices are defective and cause complications.

Amy McKinney, wife of Harley Kyle McKinney, on behalf of themselves and all those similarly situated, filed suit against Covidien Inc. on May 15 in federal court in New Orleans.

The defendant manufactured products known as endomechanical instruments, including laparoscopic instruments and surgical staplers for the treatment of medical conditions, including for the treatment of morbid obesity.

Amy McKinney underwent laparoscopic gastric sleeve resection surgery for morbid obesity on May 16, 2011 at St. Tammany Parish Hospital. The defendant's products were used in the procedure. About two weeks after the surgery, McKinney began to experience complications and developed massive infections.

McKinney argues that the defendant is liable under the Louisiana Products Liability Act for providing a product that was unreasonably dangerous in construction or composition, in design, due to inadequate warnings about the product, and because of nonconformity to express warranties.

The defendant is also accused of knowing that its product contained a redhibitory defect, breaching conventional obligations, unjust enrichment, unfair or deceptive acts, intentional misrepresentations, negligent misrepresentation, and negligent infliction of emotional distress.

The plaintiffs are asking the court for an award of damages for loss of earnings, medical expenses, loss of earning capacity, pain and suffering, mental anguish, disability, loss of enjoyment of life, loss of consortium, costs for medical monitoring, interest, attorney's fees, and court costs.

McKinney is represented by Val Patrick Exnicios and Carlos A. Ramirez of Liska, Exnicios & Nungesser in New Orleans.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:12-cv-01242

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