A patient suit against Torax Medical, Inc. and Ethicon, Inc. was removed to Connecticut federal court on Friday. The suit comes after the defendants recalled their product LINX due to manufacturing defects.
The plaintiff, per their complaint, has gastroesophageal reflux disease, or GERD. The defendants manufacture and market a device called LINX, which is “a titanium bead-and-wire ring surgically implanted around a patient’s lower esophageal sphincter (LES) to augment the LES and prevent acid reflux.” Following a recommendation from their medical provider, the patient had a LINX implanted in 2017 in an effort to treat his GERD.
The Food and Drug Administration (FDA) approved the LINX device in 2012, court documents state. In 2018, numerous LINX were recalled due to improper manufacturing. According to their complaint, the plaintiff sustained injuries and damages due to the shortcomings of the LINX device, including a recurrent hiatal hernia, recurrent gastroesophageal reflux disease, paraoesophageal hernia, shock to the nervous system, and pain.
The plaintiff also cites “severe physical and emotional distress, extreme pain and suffering, embarrassment, limitation of activities, scarring, inconvenience, disability,” and an inability to perform work and other everyday functions.
In 2021, the plaintiff’s LINX device was surgically removed and they were forced to pay for medical care and treatment, diagnostic treatment, pharmaceutical expenses, and pain management. The patient also alleges that “prior to the sale of the products at issue herein, the Defendants knew of the extreme dangers presented by the aforementioned product due to its design and/or manufacturing defects,” since the complaint claims the products was labeled to be in defective condition prior to 2017.
The complaint cites product liability claims, violations of the Connecticut Unfair Trade Practices Act and civil conspiracy. The plaintiff is seeking monetary and punitive damages, litigations fees, and any other relief deemed fair by the court.
The plaintiff is represented by Wocl Leydon LLC, while the defendants are represented by Barnes & Thornburg LLP.