Date: 05-25-2007

Case Style: Daniel Selepec v. Ethicon Endo-Surgery Inc.

Case Number: Unknown

Judge: Robert P. Horgos

Court: Court of Common Pleas, Allegheny County, Pennsylvania

Plaintiff's Attorney:

Alan Perer of The Law Firm of Swensen, Perer & Kontos, Pittsburgh, Pennsylvania

Defendant's Attorney: Unknown

Description:

Daniel Selepec, age 53, sued Ethicon Endo-Surgery, Inc., a subsidiary of Johnson & Johnson, on a products liability theory for the wrongful death of his wife Sandra, age 40, who died after she underwent by-pass surgery at West Penn Hospital. The surgeon who performed the surgery used a endocutter surgical stapler made by Ethicon. Mrs. Selepec weighed 350 pounds and suffered from back and knee pain, diabetes, depression and asthma. She underwent gastric bypass surgery in an effort to reduce her weight. She developed peritonitis post-operatively as a result of the alleged failure of the Ethicon staples to property close and produce a secure suture. Plaintiff claimed that a gastric leak occurred because the staples did not fully close.

Ethicon claimed the staples didn't close because they were too small to cinch around Selepec's stomach tissue and that larger staples should have been used.

Outcome: Plaintiff's verdict for $5 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None