Hospital not liable for disposing defective device

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 8, 2020 9:50 AM

Linda Aemisegger sued Advocate Condell Medical Center for allegedly mucking up her product liability case against Medtronic by throwing away an infusion pain pump (a SynchroMed II) that was implanted in her abdomen a month after the medical device was recalled by the Food and Drug Administration based on Class I defects (flaws that created a reasonable probability of serious adverse health consequences) and removed five months later because the pump allegedly leaked, causing an infection and necrosis.The affidavit …

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