![]() ![]() Plaintiffs’ claims are barred by the applicable statute of limitations and/or statute of repose. Plaintiffs’ complaint fails to state a claim against answering defendants upon which relief can be granted. Plaintiffs’ claims are barred to the extent that the forum is improper pursuant to the doctrine of forum non conveniens. There has been insufficient service and service of process on answering defendants. ![]() “This Court lacks personal jurisdiction over AbbVie and may lack personal jurisdiction over Allergan. On June 7, the Allergan and AbbVie defendants answered the complaint by denying the allegations and putting forth 27 separate affirmative defenses. District Court for the Western District of Pennsylvania on May 31, on the grounds of complete diversity of citizenship between the parties and the amount in controversy exceeding $75,000. In January 2021, wife-plaintiff has been diagnosed with Smoldering Myeloma.” On May 26, 2020, wife-plaintiff underwent bilateral implant removal with bilateral breast lift and fat grafting to the breasts, which procedure was performed by Dr. “On May 26, 2020, wife-plaintiff underwent breast pathology testing, which revealed fibro-membranous tissue with reactive changes and underlying skeletal muscle consistent with capsule, nodular proliferation of nerve fiber bundles consistent with traumatic neuroma. On May 13, 2020, wife-plaintiff saw Kevin Cross, M.D., who recommended immediate removal of Seri Surgical Scaffold and implants,” the suit stated. Pautler advised wife-plaintiff of a recall on the Seri Surgical Scaffold. ![]() Approximately four years after her surgery, and due to ongoing complaints of pain, discomfort and pulling sensation in wife-plaintiff’s chest area, ribs and clavicle, Dr. “Wife-plaintiff was not contacted by defendants or others so advised of the action by the FDA by any source, including her surgeon. On May 29, 2015, the FDA issued a warning letter to defendant Allergen that “the Seri Surgical Scaffold was being promoted for unintended use as the device was not cleared or approved for use in breast reconstruction using a tissue expander or implant.” ![]() Wife-plaintiff also developed swollen lymph nodes in her right side, acne on her neck and face, hives, pain in ribs and clavicle and occasion low grade fevers.” “In August 2015, approximately four months after her surgery, wife-plaintiff started experiencing sharp burning pain and discomfort under her left breast. It is believed and there averred that Draft Seri Surgical Scaffold Lot# P13091601A was used,” the suit said. Seri Surgical Scaffold as an internal bra support. During the procedure, the internal support of implants was performed using 10 cm x 25 cm. Clair Hospital due to complications from wife-plaintiff’s Apbilateral breast augmentation with bilateral mastopexies surgery. “On May 19, 2015, wife-plaintiff underwent a bilateral implant revision with Seri Surgical Scaffold, internal bra support and implant exchange, which procedure was performed by Simona Pautler, M.D. (as successor-in-interest to Allergan, Inc.) of North Chicago, Ill. Jennifer Gillespie and Brian Gillespie of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on May 2 versus Sofregen Medical, Inc. PITTSBURGH – A federal judge has approved the dismissal of one medical company from a couple’s litigation alleging that the wife-plaintiff developed breast cancer, after not being informed that a surgical scaffold used in her 2015 breast augmentation surgery was the subject of an FDA recall, 10 days after said surgery. ![]()
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