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