Trump

I. BACKGROUND

1 A. Factual Background 2 1. The Parties 3 Plaintiff Candy Trump is a citizen of West Virginia who resides in Fairdale, West Virginia. 4 Am. Compl. ¶ 3. Defendant Intuitive Surgical, Inc. is a Delaware corporation with a principal 5 place of business in Sunnyvale, California. Id. ¶ 4. 6 2. The da Vinci System 7 Defendant produces the da Vinci system, which is a robotic, “multi-armed, remote 8 controlled, surgical device.” Id. ¶ 9. Defendant also produces “‘EndoWrist’ instruments for use in 9 surgery by the [da Vinci system].” Id. ¶ 10. “The most commonly used EndoWrist instrument is 10 the Hot Shears Monopolar Curved Scissors” (“MCS”). Id. ¶ 46. The MCS “allows doctors to 11 both cut and cauterize tissue during surgical procedures,” and the MCS cauterizes “through the 12 application of monopolar electricity.” Id. ¶ 47. The MCS requires use of a “tip cover accessory” 13 (“TCA”) which covers the MCS and “insulate[s] the instrument’s metal parts” to “prevent the 14 electricity from spreading to unwanted areas.” Id. The MCS “is used in virtually all da Vinci 15 hysterectomies.” Id. ¶ 46. 16 3. Plaintiff’s Surgery and the MCS Recall 17 On July 9, 2012,…