Tapia

Tapia v. Davol, Inc.

Good Law
116 F. Supp. 3d 1149·2015 WL 4544507·2015 U.S. Dist. LEXIS 98521
United States District Court, Southern District of CaliforniaJuly 28, 2015Case No. 15cv179-GPC(JLB)California7,445 words

Opinion

Lead Opinion

Curiel, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT DAYOL, INC’S MOTION TO DISMISS

Before the Court is Defendant Davol, *1153 Inc.’s 1 motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 6.) An opposition was filed on July 9, 2015. (Dkt. No. 10.) A reply was filed ,on July 17, 2015. (Dkt. No. 12.) Based on a review of the complaint, the briefs and the applicable law, the Court GRANTS in part and DENIES in part Defendant’s motion to dismiss..

Factual Background

On January 27, 2015, Plaintiff Jesus Ta-pia (“Plaintiff’) filed a complaint against Defendants Davol, Inc., Bard Devices, Inc., and C.R. Bard, Inc. (“Defendants”) for personal injuries suffered as a proximate result of Defendants’ negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, distribution, labeling, sale, and/or post-market surveillance and corrective action of the Bard Composix Kugel Hernia Repair Patch (“Kugel Patch” or “Patch”). (Dkt. No. 1.) Defendants manufactured and sold the Ku-gel Patch for use in repairing hernias. (/¿¶2.)

The Kugel Patch at issue was manufactured and sold by Defendants between 2001…

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