T.W.M. v. American Medical System, Inc.

ORDER

VINSON, District Judge.

Pending is the motion of defendant American Medical Systems, Inc. (“A.M.S.”) to dismiss Counts II, III, IV, VI, and VII of the complaint for failure to state a claim upon which relief can be granted, and to strike the demand for punitive damages, (doc. 4).

I. BACKGROUND

The following factual allegations are all contained in the complaint. Prior to January 1990, plaintiff T.W.M. was impotent. During January 1990, T.W.M. had a penile implant surgically placed into his genitalia. The implant was manufactured by defendant A.M.S. The device implanted into T.W.M. was…