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QUOTED. 19 June 2019. Justice Greg Neeley.

Executive Summary

A Texas man’s lawsuit against the hospital that implanted him with a recalled Medtronic spinal device can move toward trial, the Texas State Court of Appeals for the 12th District has ruled. See what Justice Greg Neeley wrote in the court's opinion.

“It is axiomatic that a hospital should remove recalled medical devices from its inventory and not allow the surgical implantation of a recalled medical device in patients at its facility. Thus, it is reasonable to conclude that this concept is both common to all fields of practice and within the common sense of a layperson.” – Justice Greg Neeley, Texas State Court of Appeals for the 12th District

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