Tapia
Tapia v. Davol, Inc.
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.)