Smith v. Medtronic, Inc.

BACKGROUND

25 Mia Inez Smith and Maki Raquel Smith (“Plaintiffs”), daughters of Michael Ray Smith, 26 Deceased (“Decedent”) initiated this action by filing a complaint in the Superior Court of 27 removed this action on December 30, 2022. (Dkt. No. 1.) Thereafter, on January 20, 2023, Plaintiffs filed their first amended complaint (“FAC”). (Dkt. No. 13.) On February 10, 2023, Defendants moved to dismiss pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6) for failure to state a claim upon which relief can be granted.1 According to the amended complaint, on March 7, 2022, Decedent underwent video- assisted thoracoscopic surgery at Highland Hospital in Oakland, California, during which the operating surgeon used a l-hook ligature device (the “Device”). (Id. ¶¶ 1, 2.) During the surgery, which was converted to an open left thoracotomy, repair of cardiac injury, and resection of mediastinal mass, the Device “suddenly and unexpectedly broke, cracked, fractured and/or otherwise failed.” (Id. ¶ 2.) This caused an avulsion injury to Decedent’s left anterior descending artery and caused bleeding, injury, and other…