Blakely

I. BACKGROUND

24 This claim arises out of a spinal surgery performed on Plaintiff in La Jolla, 25 California on April 13, 2023. [Doc. No. 1-2 (“Compl.”) at ¶ 14.] Plaintiff alleges that 26 during this spinal surgery, Plaintiff was implanted with the ViBone product (the “Recalled 27 Product”) and subsequently tested positive for tuberculosis. [Id. at ¶ 14.] The Recalled 28 Product is a human tissue allograft consisting of cryopreserved bone matrix that is aseptically processed to preserve native factors that support bone repair. [Id. at ¶ 18.] Plaintiff has named three defendants in connection with making the Recalled Product. Defendant Elutia, Inc. (“Elutia”) formerly did business under the name Aziyo Biologics, Inc. (“Aziyo”). [Id. at ¶ 3.] Plaintiff alleges that Aziyo developed and supplied the Recalled Product. [Id. at ¶¶ 5, 20.] As alleged, Defendant DCI Donor Services, Inc. (“DCI”) harvested and/or supplied the human tissue used in the Recalled Product. [Id. at ¶ 8.] Defendant Berkeley Biologics, LLC (“Berkeley”) purchased Aziyo’s (now Elutia’s) orthobiologics business in 2023 and became Aziyo’s direct…