This case was last updated from PACER on 09/04/2021 at 08:15:51 (UTC).

Quiroz v. Astora Women's Health System, LLC et al

Case Summary

On September 3, 2021, Marina Quiroz (“Plaintiff”), filed a personal injury lawsuit against Astora Women’s Health System, LLC and American Medical System, Inc., (collectively, “AMS '' or “Defendants”), seeking damages and costs along with attorneys’ fees for the negligent and fraudulent acts by the defendants. This case was filed in the United States District Court in the Southern District of Texas.

 

In the complaint, the plaintiff alleged that, “At all times relevant hereto, AMS Defendants owed to Plaintiff and the public a duty to act reasonably and to exercise ordinary care with respect to the safe, legal, and proper manufacture, license, design, formulation, distribution, production, processing, assembly, testing, inspection, research, marketing, labeling, packaging, preparation for use, issuance of warnings with respect to use, promotion, advertising, sale, and safety monitoring of the Monarc, and to adequately test and warn of the risk and dangers of the Monarc, both before and after sale.”

 

The plaintiff further alleged that, “AMS Defendants further breached their duty of care in the testing of its Pelvic Mesh Products, including the Monarc device at issue in this case, by failing to conduct adequate testing to ensure that the Monarc was reasonably safe for implantation in the female pelvic area prior to releasing the Monarc into the market, failing to conduct post-launch testing following adverse findings in the scientific and medical literature, and by failing to conduct post-launch testing to investigate and evaluate reports in the FDA adverse event databases for their potential significance for AMS Defendants’ Pelvic Mesh Products, including the Monarc device at issue in this case.”

 

The plaintiff also alleged that, “AMS Defendants are manufacturers and/or suppliers of Pelvic Mesh Products, specifically the Monarc pelvic mesh product, and are strictly liable to Plaintiff for designing, creating, manufacturing, distributing, selling and placing their Pelvic Mesh Products, specifically Monarc, into the stream of commerce. The Monarc was manufactured, designed, marketed, labeled and sold in a defective condition, for use by the Plaintiff’s physicians and/or healthcare providers and all other consumers of the products, making the products unreasonably dangerous.”

 

There are three claims for relief laid down by the plaintiff. The first claim deals with alleged negligent behavior and conduct of the defendants. The second claim deals with alleged strict liability of the defendants towards the plaintiff for designing, creating, manufacturing, distributing, and selling the product. The third claim for relief deals with the alleged strict liability of the defendants towards the plaintiff for the marketing of the product and the failure to warn the plaintiff about the product.

 

In its prayer for relief, the plaintiff requested the court for a judgment against the defendants holding them liable for compensatory damages in a reasonable amount determined to be fair and just by the jury in this cause, sufficient to adequately compensate the plaintiff for her harms and losses, including but not limited to damages along with costs, attorneys’ fees and interest or any other relief that the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-02903

  • Filing Date:

    09/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

 

Party Details

Plaintiff

Marina Quiroz

Dallas, TX 75219

Defendants

Astora Women's Health System, LLC

American Medical Systems, Inc.

 

Court Documents

3 #1

Summons - 2

#3

(#3) Request for Issuance of Summons as to Astora Women's Health System, LLC, filed. (Attachments: #1 Summons - 2)(Baughman, Laura) (Entered: 09/03/2021)

2 #1

Summons

#2

(#2) Request for Issuance of Summons as to American Medical Systems, Inc, filed. (Attachments: #1 Summons)(Baughman, Laura) Modified on 9/3/2021 (MelissaMorgan, 4). (Entered: 09/03/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against American Medical Systems, Inc., Astora Women's Health System, LLC (Filing fee $ 402 receipt number 0541-26997781) filed by Marina Quiroz. (Attachments: #1 Civil Cover Sheet)(Baughman, Laura) (Entered: 09/03/2021)

 

Docket Entries

  • 09/03/2021
  • View Court Documents
  • Docket(#3) Request for Issuance of Summons as to Astora Women's Health System, LLC, filed. (Attachments: #1 Summons - 2)(Baughman, Laura) (Entered: 09/03/2021)

    Read MoreRead Less
  • 09/03/2021
  • View Court Documents
  • Docket(#2) Request for Issuance of Summons as to American Medical Systems, Inc, filed. (Attachments: #1 Summons)(Baughman, Laura) Modified on 9/3/2021 (MelissaMorgan, 4). (Entered: 09/03/2021)

    Read MoreRead Less
  • 09/03/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against American Medical Systems, Inc., Astora Women's Health System, LLC (Filing fee $ 402 receipt number 0541-26997781) filed by Marina Quiroz. (Attachments: #1 Civil Cover Sheet)(Baughman, Laura) (Entered: 09/03/2021)

    Read MoreRead Less
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