Man’s Spoliation Claim For Discarded Surgical Pump Dismissed By Judge

Mealey's (August 30, 2019, 12:54 PM EDT) -- SPRINGFIELD, Ill.  — A federal judge in Illinois Aug. 29 denied a majority of Abiomed Inc.’s motion to dismiss a man’s lawsuit that claims he had to have three fingers on his dominant hand amputated as a result of a defective surgical pump that could not be removed following an open heart surgery in January 2018, but dismissed the man’s claim that the manufacturer could be liable for spoliation of evidence because it discarded the pump following a second surgery that was needed to remove it (Jack Moore v. Abiomed Inc., No. 19-cv-03051, C.D. Ill., 2019 U.S. Dist. LEXIS 147191)....