Ruiz
Ruiz v. Medtronic, Inc.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ANNETTE S. RUIZ,
13 Plaintiff, No. 2:24-cv-00489-TLN-SCR
14 15 v. ORDER MEDTRONIC, INC. et al., 16 Defendants. 17
18 19 20 21 22 23 Medtronic, Inc. and Covidien LP (collectively “Defendants”) move to dismiss this 24 products liability action. (ECF No. 16.) Plaintiff Annette S. Ruiz (“Plaintiff”) opposes and in the 25 alternative, seeks leave to amend. (ECF No. 17.) Defendants filed a reply. (ECF No. 19.) For 26 the reasons set forth below, the court GRANTS Defendants’ motion. 27 /// 28 1 I. BACKGROUND 2 In June 2021, Plaintiff underwent a surgical procedure for a hysterectomy at Kaiser 3 Hospital. (ECF No. 13 ¶ 13.) During the surgery, a screw or pin from a tool called the 4 Endoclinch Grasper (hereinafter “Grasper tool”) “separated from the tool and lodged itself in the 5 plaintiff’s body.” (Id. ¶¶ 14–15.) Following the surgery, Plaintiff experienced pain and loss of 6 quality of life. (Id. ¶ 16.) She also underwent continued medical treatment to identify…