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Dahl v. Atritech, Inc.: US District Court : TORT - informed consent form wasn't primary assumption of all risks whatsoever1UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Christopher T. Dahl, Plaintiff, v. Civ. No. 07-192 (JNE/SRN) ORDER Atritech, Inc., a Delaware corporation doing business as Atritech, Inc., a Minnesota foreign corporation, Defendant. _____________________________________________________________________________ Teresa McClain, Esq., and Kristi Lemieux, Esq., Hallberg & McClain, P.A., appeared for Plaintiff Christopher T. Dahl. Roseann J. Bour, Esq., and George Soule, Esq., Bowman and Brooke LLP, appeared for Defendant Atritech, Inc. _____________________________________________________________________________ Christopher T. Dahl brings this action to recover damages for injuries he sustained when complications arose during implantation of an experimental medical device in his heart. Dahl asserts claims of negligent design, manufacture, and sale; strict liability for design, manufacture, and sale of an unreasonably dangerous and defective product; and breach of express and implied warranties. The case is before the Court on Atritech, Inc.’s Motion for Summary Judgment. For the reasons stated below, the Court denies Atritech’s motion. I. BACKGROUND Dahl, who has a history of heart-related medical problems, agreed to participate in a clinical trial of Atritech’s WATCHMAN Left Atrial Appendage Filter System. The WATCHMAN device is designed to be placed over the left atrial appendage, a pouch-like area inside the heart, and it is intended to prevent blood clots formed in left atrial appendage from entering the blood stream, thereby reducing the risk of stroke and obviating the need for anti10 III. CONCLUSION Based on the files, records, and proceedings herein, and for the reasons stated above, IT IS ORDERED THAT: 1. Atritech’s Motion for Summary Judgment [Docket No. 16] is DENIED. Dated: March 14, 2008 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
Reserved. Minnesota Law Firm representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims. Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance. |
