Nichols

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DONALD NICHOLS, Case No. 20-cv-06836-EMC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

COVIDIEN LP, et al., Docket No. 27 Defendants.

12 13 Plaintiff is Mr. Donald Nichols, a former patient at Saint Joseph Hospital in Eureka, California who received surgical treatment for rectal cancer. Mr. Nichols alleges that the medical stapler which was used during his surgery was defective, and he sues the entities responsible for the manufacture and distribution of that stapler. Mr. Nichols has filed a Second Amended Complaint alleging three causes of action: (1) strict products liability for a manufacturing defect, (2) common law negligence, and (3) strict products liability under a failure to warn theory. Docket No. 23. Mr. Nichols seeks medical and incidental expenses, loss of earnings and/or earning capacity, and general damages. Defendants move to dismiss under Rule 12(b)(6). Docket 22 …