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Date: 11-06-2023

Case Style:

Michelle Gonzalez v. Torax Medical, Inc., et al.

Case Number: 0:22-cv-00208

Judge: David S. Doty

Court: United States District Court for the District of Minnesota (Hennepin County)

Plaintiff's Attorney:

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Defendant's Attorney: Brandie L Morgenroth, Kirsten Pagel, Tracy J Van Steenburgh

Description: Minneapolis, Minnesota personal injury lawyers represented the Plaintiff who sued the Defendants on product liability theories claiming to have been injured and/or damaged as a direct result of the design, manufacture and/or sale of unreasonably dangerous product.

"Torax® Medical, Inc. is a privately held medical device company headquartered in St. Paul, Minnesota, that develops and markets products designed to treat sphincter disorders utilizing its technology platform, Magnetic Sphincter Augmentation (MSA). Torax Medical markets both the LINX® Reflux Management System for the treatment of GERD and the FENIX® Continence Restoration System for the treatment of Fecal Incontinence (FI)."

"Minnesota product liability law holds manufacturers, distributors, and retailers liable for injuries and property damage caused by defective products. A product is considered defective if it has a design defect, manufacturing defect, or marketing defect.

Design defects occur when the product is inherently unsafe because of its design. For example, a car with a design defect that causes it to roll over easily would be considered defective.

Manufacturing defects occur when a product is made incorrectly, causing it to be unsafe. For example, a power tool with a manufacturing defect that causes it to overheat and catch fire would be considered defective.

Marketing defects occur when the manufacturer or seller fails to provide adequate warnings or instructions about the product's dangers. For example, a drug with a marketing defect that fails to warn about its side effects would be considered defective.

To succeed in a product liability case in Minnesota, the plaintiff must prove the following elements:

The product was defective.
The defect existed when the product left the defendant's control.
The defect caused the plaintiff's injuries or property damage.

In Minnesota, product liability lawsuits can be based on theories of strict liability, negligence, or breach of warranty.

Strict liability means that the defendant can be held liable for damages even if they were not negligent. This means that the plaintiff does not have to prove that the defendant knew or should have known about the defect.

Negligence means that the defendant failed to act reasonably to prevent the plaintiff's injuries. For example, a manufacturer may be negligent if they fail to test a product for safety before putting it on the market.

Breach of warranty means that the defendant violated a promise they made about the product. For example, if a manufacturer promises that a product is safe, but it is actually defective, the manufacturer may be liable for breach of warranty.

The statute of limitations for product liability lawsuits in Minnesota is six years. This means that the plaintiff must file their lawsuit within six years of the date of their injury or property damage.

If you have been injured by a defective product in Minnesota, you should contact a product liability attorney to discuss your legal options."

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


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