Dow v. Baxter Healthcare Corp.

MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

PONSOR, District Judge.

This is a product liability action arising from injuries allegedly sustained by the plaintiff Anna Mae Dow as a result of the use of a defective foley catheter during surgery. The catheter in question was manufactured by the defendant Baxter Healthcare Corporation (“Baxter”). Co-plaintiff Roger W. Dow, plaintiff Anna Mae’s husband, asserts a claim for loss of consortium.

The defendant moved for summary judgment on all counts of the complaint, contending that the Medical Device Amendments (“MDA”) to the Food,…