9th Circuit Majority Overturns $24M Verdict Against Surgical Gown Maker

Mealey's (July 27, 2020, 12:45 PM EDT) -- SAN FRANCISCO — A 2-1 Ninth Circuit U.S. Court of Appeals panel on July 23 reversed a $24 million damages award against a surgical gown maker as well as a ruling denying decertification of a class for surgery centers that claim that the manufacturer and its affiliate fraudulently concealed that the product satisfied the Association for the Advancement of Medical Instrumentation (AAMI) standards for preventing the spread of pathogens, finding that a federal judge in California erred when making the rulings (Bahamas Surgery Center LLC v. Kimberly-Clark Corp., et al., Nos. 18-55478, 18-55558, 9th Cir., 2020 U.S. App. LEXIS 23100)....