Bird

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTINA BIRD, et al., No. 19-cv-1024-KJM-CKD Plaintiffs, v. ORDER GLOBUS MEDICAL, INC., Defendant. 16 Plaintiffs Christina and Clarence Bird bring this suit against defendant Globus Medical, Inc., based on injuries Christina Bird alleges she suffered after the medical device XPAND-S was used in her spinal surgery. Defendant moves to dismiss all of plaintiffs’ claims. For the reasons below, the court GRANTS the motion in part and DENIES it in part. I. BACKGROUND On or about September 2, 2010, plaintiff Christina Bird underwent a surgery called a corpectomy1 on the cervical region of her spine, which is the part of the spine that makes up the neck. Not. of Removal, Ex. A ¶¶ 14–15, 19, ECF No. 1-1 (Compl.). As part of the surgery, her

25 According to plaintiffs, a “corpectomy” is “a complex procedure that consists of removing the entire vertebral body (the box-shaped bones) as well as the discs above and…