Ethicon Stapler Lawsuit Filed After ‘Failed’ Surgery

On March 19, 2020, Robert Ashmore of Texas filed an Ethicon stapler lawsuit against four different defendants including two Johnson & Johnson (J&J) divisions. The defendants are responsible for the design, production, and distribution of Ethicon staplers. The plaintiff alleges that the stapler used in his surgery was “defective” and caused him serious health issues.

According to the Food and Drug Administration (FDA), Ethicon staplers have been linked to severe health risks and complications. Because of these risks, Ethicon recalled the faulty staplers in October 2019. Any patients who underwent surgery involving internal staples may have been adversely affected.

Ethicon Stapler Recall

Towards the end of 2019, Ethicon recalled roughly 6,000 surgical staplers from hospitals across the U.S., according to the FDA. The FDA categorized this recall as Class 1, the most serious type of recall they issue. The recall includes four different types of staplers manufactured and distributed between July 18, 2019, and Sept. 26, 2019. Robert Ashmore’s Ethicon stapler lawsuit does not specify which type of stapler was used during his surgery.

The stapler recall was issued because of the severe health risks associated with the device. These staplers are used to cut and staple internal tissue in gynecologic, urologic, thoracic, pediatric, and general surgeries. They are meant to be used on a single patient and are used in open or minimally invasive surgeries. The recall concerns malformed staples produced by the device due to an “out of specification component within the jaw of the device”, according to the FDA. 

Ethicon Stapler Risks

According to the FDA, a malformed staple used in surgery may cause significant problems. The risks include hemorrhages, hemorrhagic shock, prolonged surgery, postoperative connection (anastomotic) leaks, and death. As of Oct. 3, 2019, the FDA noted 7 serious injuries and 1 death had been reported to Ethicon in relation to affected products. 

Other complications linked to the device include infections, improper placement of staples, poor healing, wound reopening, and allergic reactions. More issues caused by malformed staples include sepsis, bowel leakage, the formation of fistulas, and additional surgeries. Victims who file an Ethicon stapler lawsuit may be eligible for compensation for any of these damages and the medical expenses and suffering they caused.

Ethicon Stapler Lawsuit

In his Ethicon stapler lawsuit, plaintiff Robert Ashmore alleges that he sustained injuries due to the actions of four parties: Ethicon Endo-Surgery Inc., Ethicon Inc., Johnson & Johnson Health Care Systems Inc., and Johnson & Johnson Consumer Inc.

The plaintiff states that he underwent “a low anterior resection and umbilical hernia repair” in Feb. 2019 and that during that surgery, an Ethicon stapler failed. This failure allegedly led to “an incomplete anastomosis which resulted in a bowel leak that required additional repair”.

According to the plaintiff, Robert suffered an anastomotic leak. The plaintiff then “underwent resection of low anterior anastomosis, colostomy placement, and over-sewing of rectal stump.” The suit alleges that these medical procedures and complications caused a significant impairment of Robert’s “overall function.”

This Ethicon Stapler Lawsuit is Case No. 2:20-CV-00083-JRG filed in the U.S. District Court for the Eastern District of Texas Marshall Division.

According to Bloomberg News, more than 100,000 stapler lawsuits have been filed against J&J for damages that a wide variety of their products allegedly caused. Despite these legal actions, J&J continues to claim its products are safe, but investors aren’t so sure.