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Dahl v. Atritech, Inc.: US District Court : TORT - informed consent form wasn't primary assumption of all risks whatsoever1
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Christopher T. Dahl,
v. Civ. No. 07-192 (JNE/SRN)
Atritech, Inc., a Delaware corporation
doing business as Atritech, Inc., a
Minnesota foreign corporation,
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.
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
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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