Product Liability - Summary Judgment Dismissal
The maker of a minimally invasive surgery tool was sued by a patient after an MRI scan showed the presence of a metal particle near the site of the patient’s earlier lumbar disc surgery. The tool was previously used to remove disc material. Back problems progressed post-operation, and the alleged emission of metal particles from the device was blamed as the cause. Mr. Cherry, with depositions of the surgeon, radiologist and other doctors—along with regular x-rays—obtained a summary judgment dismissal on the merits of the claim, finding there was no genuine issue as to the metallic particle either having come from the device or having the ability to cause the problems for which the client was sued.