Cowper Law has successfully defeated a motion for summary judgment based on the learned intermediary doctrine involving the BioZorb medical device manufactured by Hologic, Inc. Moze Cowper, the managing partner of Cowper Law, argued and won the important motion in state court in Massachusetts. Defendant Hologic filed a motion for summary judgment based on the learned intermediary doctrine arguing that the implanting doctor still would have implanted the BioZorb device even knowing the risks of harm that the plaintiff alleged.
The Court wrote: "[h]ere, although Hologic relies upon the fact Dr. Hughes is a licensed physician, that the plaintiff ‘cannot’ prove failure to warn caused the plaintiff's injury, and that the learned intermediary doctrine precludes plaintiff's claims, there are a plethora of material factual disputes including, but not limited to, the extent of the relationship between Hologic (and/or its officers/shareholders) and Dr. Hughes, knowledge of the risks involved with the device versus alternative, and any potential bias due to his relationship with Hologic (acknowledging as well that discovery is ongoing as related to claims not precluded by the learned intermediary doctrine)".
Cowper Law, along with the Jinks Crow law firm, and Bailey Glasser have also filed 90+ lawsuits in federal court in Massachusetts. The case is captioned: Lyons v. Hologic Inc., Docket #2281CV04312.
