An Alabama resident is suing Ethicon Endo-Surgery Inc. and its owner Johnson & Johnson for allegedly manufacturing and selling defective surgical staples used in gastric bypass surgery.

The ECHELON 60mm Black Reload staples at issue in the lawsuit were recalled by Ethicon in May 2013 after it was discovered they could break during the stapling process, causing the surgical staple to misfire and cause problems in patients.

Plaintiff Jason Houston alleges in the Ethicon staple lawsuit that he had bariatric surgery in January 2013 where the surgeon used the Ethicon ECHELON staples.

“Houston suffered from serious post-surgical complications related to a leak from the staple closure line along the greater curvature of his stomach,” the Ethicon staple lawsuit says.

This caused “a large abscess in [Houston’s] abdominal cavity, as well as serious health complications leading to multiple surgeries, an inability to eat and digest normal foods, and further debilitating injuries,” according to the lawsuit. Houston has also been unable to work for most of the past year since his bariatric surgery.

Houston is seeking damages and costs against Ethicon and Johnson & Johnson for allegedly producing and selling a product that had an unreasonable risk of creating an incomplete staple line.

Ethicon Recalls ECHELON 60mm Black Reload Staples

Houston joins many other plaintiffs accusing Ethicon of negligently designing, marketing and selling stomach staples that caused serious gastric bypass complications in patients. Houston claims that Ethicon was or should have been aware that their product was faulty, and that ECHELON staples had a high risk of causing serious, potentially deadly medical complications.

In fact, Ethicon issued a recall of its ECHELON 60mm Black Reload staples in May 2013, only a few months after Houston’s surgery in January. The staples were breaking during the firing process and causing serious medical complications.

When the Ethicon staples break, they create an incomplete staple line, allowing fluids or blood from the stomach to pass into the abdominal cavity and cause sepsis, infection, hemorrhaging, or even death.

Gastric Bypass Complications Caused by Defective Staples

Ethicon gastric bypass staples are one of the most common staples used in bariatric surgery. Ethicon staple lawsuits claim that patients and physicians relied upon Ethicon’s professional reputation and warranty that the ECHELON staples were safe to use.

Ethicon began manufacturing gastric bypass staplers in 1999. For many years, the reported failures associated with Ethicon staples were blamed on individual surgeons. However, the ECHELON staple recall suggests that perhaps the equipment is more to blame.

Houston and other gastric bypass patients are taking legal steps against Ethicon. In May 2007, one family was awarded $5 million for wrongful death caused by Ethicon surgical staple complications.

Houston accuses Ethicon of negligence and breach of stated and implied warranty, in addition to suppressing the unreasonable risk associated with ECHELON staples. A class action lawsuit investigation is currently underway.

The Ethicon ECHELON Staple Lawsuit is Jason R. Houston v. Ethicon Endo-Surgery, Inc., and Johnson & Johnson, Case No.5:14-cv-00930-IPJ, in the U.S. District Court for the Northern District of Alabama Northeastern Division.

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