Binder v. Bristol-Myers Squibb, Co.

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

This case raises the issue of whether defendant, Bristol-Myers Squibb, Co. (“Defendant” or “BMS”) is liable for the acts of Edward Week & Co. (“Week”) in distributing an alleged defective mammary prostheses implanted in plaintiff, Sandra J. Binder (“Plaintiff’ or “Binder”). Defendant claims Plaintiff has not sued the correct defendant.

Because the Defendant has contested whether it has any liability, the parties have agreed to have this issue decided prior to dealing with the issues related to the merits. This case comes…