Ethicon Endo-Surgery, Inc. v. Meyer

OPINION ON MOTION FOR REHEARING

ANNE GARDNER, Justice.

On Appellee’s motion for rehearing, we withdraw our opinion and judgment of April 12, 2007, and substitute the following.

Introduction

This is a marketing-defect products liability case. The product in question is the TLC-55 linear cutter/surgical stapler designed, manufactured, and marketed by Appellant Ethicon Endo-Surgery, Inc. (“Ethicon”). Ethicon appeals from a jury verdict and judgment in favor of Appellee Dianne Meyer. The key question is whether the surgeon who used the TLC-55 on Meyer conclusively negated producing cause when he…