David Bakos v. Johnson and Johnson

I. Background

In the Complaint, Plaintiff alleges that on April 9, 2019, he underwent a surgery that required Plaintiff's surgeon to create an anastomosis following the procedure. (Docket No. 1-2 (“Compl.”) ¥ 22.) To create the anastomosis, Plaintiff alleges his surgeon used a defective Ethicon curved intraluminal stapler. (Id.) Plaintiff claims this stapler caused “severe injuries to Plaintiff when it failed to create a proper anastomosis because of the ejection of a malformed stapler or uncut washer.” (d.) Following his surgery, Plaintiff initiated this action in California state court against corporate defendants Johnson & Johnson, Ethicon Inc., and Ethicon Endo-Surgery, Inc. (“Corporate Defendants”) and individual defendants Jamie Wells, Maggie Cox, Jason Clarke, Isaac Wojcik, and Annie Henson (“Individual Defendants”). (id. 9 1.) Plaintiff alleges four causes of action: (1) products liability, (2) negligence, (3) intentional misrepresentation, and (4) negligent misrepresentation. (Id. J] 37-69.) Plaintiff alleges that each Individual Defendant “is associated with” Corporate Defendants and engages in the “advertisement, promotion, marketing, sales, and/or…