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Medical Device Lawsuit Verdict: Florida Jury Sides with Defense in Contraceptive Clip Case

Medical Device Lawsuit Verdict: Florida Jury Sides with Defense in Contraceptive Clip Case

A
Anmol Tiwari
October 3, 2024
Medical Device Lawsuit Verdict: Florida Jury Sides with Defense in Contraceptive Clip Case

Rebando et al vs. Coopersurgical, Inc., et al

Case Background

On January 28, 2022, Plaintiff Shelby Marie Rebando and others filed a Product Liability lawsuit in the Florida State District Court of Orlando Division (Case number: 6:22cv177). This Case was assigned to Judge Carlos E. Mendoza and referred to Magistrate Judge Leslie Hoffman Price.

Cause

Plaintiffs Shelby Marie Rebando, Cassondra Caputo, Danielle Debra Hanse, and Nakeia Webbe underwent tubal ligation procedures using Filshie Clips, which the defendants CooperSurgical, Inc., The Cooper Companies, Inc., Femcare, Ltd., and Utah Medical Products, Inc. manufactured and sold. The Filshie Clips were implanted on the plaintiffs' fallopian tubes as permanent birth control. However, the medical device migrated from its original site, causing serious complications. The defendants knew or should have known about the significant risk of device migration but failed to warn patients and doctors. They misrepresented the safety of the device, claiming a migration risk of only 0.13%, even though studies showed rates as high as 25%. Despite this, the defendants aggressively marketed and sold the device without disclosing the true risks. They also failed to conduct adequate pre- and post-market testing or establish proper quality assurance and surveillance programs. The complaint alleges the defendants intentionally concealed the defects and dangers from the FDA, healthcare providers, and pa

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Categories

Tags

Design defect
Product Liability lawsuit
Strict Liability
Filshie Clips
Medical device
organ damage
permanent birth control
tubal ligation
design defect
product liability lawsuit
strict liability
filshie clips
medical device