ST. LOUIS – Companies that manufacture heater-cooler devices used for open heart surgeries have removed a products liability suit to federal court at the Eastern District of Missouri.
The Terumo defendants claim that removal to federal court is proper based on diversity of citizenship. They say that even though its sales person Brian Monroe is a resident of Missouri, he has not been served with the complaint and therefore the forum defendant rule does not apply.
Further, Terumo Corp. is a corporation headquartered in Tokyo, Japan, defendant Terumo Medical Corp. is a corporation organized in Delaware with its principal place of business in New Jersey. Defendant Terumo Cardiovascular Systems Corp. also is a corporation organized in Delaware with its principal place of business in Michigan.
According to the removal notice filed July 16, plaintiffs Patricia and Clinton Courtway allege that Patricia contracted a non-tuberculous mycobacterium infection from an allegedly contaminated Terumo heater-cooler device used during her open heart surgery at Mercy Hospital Jefferson in Festus on March 11, 2014.
The Courtway's suit, filed at Jefferson County Circuit Court on June 18, includes nine counts against Terumo Corp., Terumo Medical Corp., Terumo Cardiovascular Systems Corp. and its sales person Brian Monroe. The counts include strict liability, defective design, strict liability, defective manufacture, strict liability, failure to warn, negligence, breach of implied warranty, breach of express warranty, violations of the Missouri Merchandising Practices Act, loss of consortium and punitive damages.
The defendants are represented by Kara T. Stubbs of Baker Sterchi Cowden & Rice of St. Louis.
The plaintiffs are represented by attorneys at Brous Law of Prairie Village, Kansas, the Walters Law Firm of Kansas City and Roberts Wooten & Zimmer of Hillsboro.