Surgical clip manufacturer sued by Longview woman

By Michelle Keahey, East Texas Bureau | Oct 8, 2013

MARSHALL - A Longview woman has filed a lawsuit against the manufacturers of a surgical clip system used in her gallstone surgery, claiming that the clip system failed and she now requires multiple surgeries to rectify the condition.

Teresa K. Boyce filed suit against Ethicon Inc. and Ethicon Endo-Surgery Inc. on Oct. 1 in the Eastern District of Texas, Marshall Division.

Boyce states she was treated at Longview Regional Medical Center in Gregg County for gallstones on April 21. The surgeon used the Ligaclip 10mm M/L Endoscopic Rotating Multiple Clip Applier to close the cystic duct.

According to the lawsuit, the surgical clip system failed and required multiple surgical procedures to rectify the condition. The product was recalled on April 29, 2013.

The defendants are accused of strict liability, negligence and breach of warranty.

The plaintiff is seeking an award of damages for medical expenses, loss of wages, loss of wage earning capacity, physical impairment, pain and mental anguish, loss of enjoyment of life, punitive damages, interest, court costs and attorney’s fees.

Boyce is represented by Ralph F. Pelaia Jr. of Ralph F. Pelaia & Associates in Longview and Dan Stroup of Dan Stroup P.C. in Longview. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00785

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