Covidien Surgical Stapler Lawsuit Blames Defective Design for Botched Hernia Repair and Gastric Sleeve Surgery
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Ethicon Stapler Lawsuit Results in $80M Jury Award December 16, 2015 Irvin Jackson Add Your Comments A California jury has awarded nearly $80 million in damages to a retired San Jose police officer whose anal canal was accidentally sealed by a defective Ethicon surgical stapler, including $70 million in punitive damages designed to punish the Johnson & Johnson subsidiary for gross negligence. The complaint was filed by Florence Kuhlmann, who alleged that problems with an Ethicon Proximate stapler occurred during surgery in January 2012, where the device misfired and stapled her anal canal shut. As a result of the Ethicon stapler misfiring, Kuhlman was hospitalized, suffered an infection and had to undergo a colostomy and full laparotomy. She continues to suffer severe complications from the botched surgery, must use a colostomy bag and has a deformed bowel. Learn More About Surgery Staples Lawsuits Problems with surgical staplers may result in devastating injuries from internal surgery staples. Lawyers review cases nationwide. Learn More SEE IF YOU QUALIFY FOR COMPENSATION Learn More About Surgery Staples Lawsuits Problems with surgical staplers may result in devastating injuries from internal surgery staples. Lawyers review cases nationwide. Learn More SEE IF YOU QUALIFY FOR COMPENSATION Following trial for the Ethicon stapler lawsuit, an Alameda County Superior Court jury found that the device was defective and fired with force beyond its specifications, resulting in an award of $8.5 million in compensatory damages to Kuhlmann for pain and suffering, medical costs, disfigurement and humiliation, as well as $1.3 million in her husband’s claim for loss of consortium. This week, the jury returned an additional award of $70 million in punitive damages, which are only awarded in rare cases where it is established that the defendant acted with gross negligence or reckless disregard for the safety of others. The additional damages are designed to act as a punishment for the manufacturer, and are not directly connected to the degree of injury suffered by the plaintiff. In August 2013, an Ethicon Proximate stapler recall was announced after complaints from doctors indicated that the surgical staplers were too difficult to fire. One of the surgical stapler problems filed with the FDA’s adverse event reporting system was from a surgeon who said the device misfired during a hemorrhoidectomy, leaving the suture still attached to the stapler. The surgeon cut the suture free, abandoned attempts to use it, and performed the closure manually. Originally, the Ethicon Endo-Surgery said it checked the device and determined that it appeared to be in proper working order. However, by the time of the recall, the company admitted that the staplers appeared to be difficult to fire “which may result in incomplete firing stroke, that may result in an incomplete staple formation.” Ethicon announced a second Proximate stapler recall in October of 2012, affecting even more units. The manufacturer noted that failure to complete the firing stroke of the stapler could result in severe pain, sphincter dysfunction, rectal wall damage, sepsis, bleeding, and occlusion of the rectal canal. Failure to complete the firing stroke could also result in poor staple formation, dehiscence of the rectal wall staple line and bleeding, the company warned. Written by: Irvin Jackson Senior Legal Journalist & Contributing Editor Irvin Jackson is a senior investigative reporter at AboutLawsuits.com with more than 30 years of experience covering mass tort litigation, environmental policy, and consumer safety. He previously served as Associate Editor at Inside the EPA and contributes original reporting on product liability lawsuits, regulatory failures, and nationwide litigation trends. Tags: Ethicon, Johnson & Johnson, Surgical Stapler More Surgical Staplers Lawsuit Stories Ethicon Surgical Stapler Recall Issued After Patient Died When Device Failed Mid-Surgery July 28, 2025 Covidien Stapler Malfunctioned During Surgery, Leading to Tissue Damage and Hospitalization: Lawsuit September 13, 2022 Covidien Surgical Stapler Lawsuit Blames Defective Design for Botched Hernia Repair and Gastric Sleeve Surgery June 9, 2022 1 Comments Richard January 17, 2016 Our verdict was 12-0 against a zero offer. Ethicon had previously ignored 998s for $3.25 million. Cost bill is $383000. Ethicon now wants to clawback all evidence in the public record of our $79,850, 000 verdict. Interest is $7,985,000 per year. Onward. Share Your CommentsFirst Name*Last NameEmail* Shared Comments*This field is hidden when viewing the formI authorize the above comments be posted on this page Yes No Post Comment I authorize the above comments be posted on this page Weekly Digest Opt-In Yes, send me a weekly email with the latest lawsuits, recalls and warnings. Want your comments reviewed by a lawyer?To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.Contact Phone #Alt Phone #Private CommentsNOTE: Providing information for review by an attorney does not form an attorney-client relationship.CAPTCHAGA SourceGA CampaignGA MediumGA ContentGA TermCommentsThis field is for validation purposes and should be left unchanged. 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Ethicon Surgical Stapler Recall Issued After Patient Died When Device Failed Mid-Surgery July 28, 2025
Covidien Stapler Malfunctioned During Surgery, Leading to Tissue Damage and Hospitalization: Lawsuit September 13, 2022
Covidien Surgical Stapler Lawsuit Blames Defective Design for Botched Hernia Repair and Gastric Sleeve Surgery June 9, 2022
Safety Problems With Roblox and Discord Endangered Young Girl: Lawsuit (Posted: yesterday) A Texas mother is pursuing a lawsuit against Roblox and Discord, claiming the design of the apps allow sexual predators to access and groom young children. MORE ABOUT: ROBLOX LAWSUITLawsuit Alleges Roblox Lacks Safeguards To Protect Children From Sexual Predators (09/11/2025)Roblox Age Verification Technology To Be Implemented Amid Child Exploitation Lawsuits (09/09/2025)Roblox Kidnapping Lawsuit Filed After Child Was Abducted and Sexually Trafficked (09/03/2025)
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