Medical Products Liability

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Medical Products Liability Essay #2 Student ID # 104394 Buckler, (Plaintiff) v. AEN Medical Industries, (Defendant) Motion for Summary Judgment DENIED IT IS HEREBY ORDERED THAT: The motion of Defendant AEN Medical Industries for Summary Judgment is DENIED. Background First, this is a product liability action, Plaintiff, Kiwi Buckler claims that she sustained injuries during eye surgery as a result of Defendant, AEN Medical Industries, Inc., (hereafter AEN) failure to adequately warn of risks associated with its cautery device which was used during the surgery. This court heard defendant's motion for summary judgment on plaintiff's claims for failure to warn and punitive damages. Plaintiff opposed the motion. Based upon the papers filed by the parties, as well as the arguments of counsel, the motion is denied. On May 1, 2002, Plaintiff underwent cosmetic eye surgery at Travis Air Force Base. The surgery was performed by Dr. Arnold Pierce. During the surgery, Dr. Pierce used a handheld cautery device produced by AEN. During the surgery, the surgical drapes covering plaintiff's face caught fire. Plaintiff suffered facial burns and scarring. The parties characterize the facts about the fire differently, and draw different inferences from those facts as to defendant's alleged duty to warn of risks associated with the use of the cautery device. Plaintiff contends that the intense heat or a spark from the device ignited the oxygen flow from the nasal cannula. She claims that (1) the device was approximately 20–22 centimeters from the nasal cannula at the time the fire ignited, and (2) defendant failed to provide an adequate warning as to the risk of fire. Defendant claims that the fire was due to user error when Dr. Pierce held the cautery device in close proximity to the surgical drapes and dry gauze covering plaintiff's face while 100% oxygen was being
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