A Louisiana woman recently brought a products liability suit against Hologic Inc., a California-based company that makes the NovaSure endometrial ablation system. Kelly Poole, the plaintiff in the lawsuit, alleges the system, which is designed to thin the uterus lining, is unfit for its intended purpose and that an alternative design existed that could have made the procedure safer and prevented an injury such as the one she suffered.
Last year, while undergoing an endometrial ablation procedure using the NovaSure system, Poole claims doctors were not able to properly operate the device and had to call a representative from Hologic to guide them through the procedure. During the course of the procedure, Poole’s uterus was perforated requiring an emergency hysterectomy.
As a result of the hysterectomy, Poole claims that she suffers from premature menopause and must use hormone replacement therapy and other drugs that would not be required if the procedure had been successful.
Poole brought her lawsuit in Caddo Parish District Court, but Hologic was able to remove the case to federal court. Hologic then filed a motion for summary judgment based upon federal preemption of Poole’s claims.
Poole attempted to stay the summary judgment motion or have the case remanded to state court while she awaited results from a state medical review panel. If the medical panel found the doctors or hospital bore some responsibility, she would likely be able to add them to the lawsuit as defendants. However, U.S. Magistrate Judge Mark Hornsby concluded that the motion for summary judgment should be heard by the federal district court.
A decision by the federal court on the summary judgment motion may take several weeks or even months.
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