Sheinfeld v. B. Braun Medical Inc.

Background

David N. Sheinfeld, proceeding without a lawyer, filed a products-liability action concerning an artificial disc replacement medical device for patients with degenerative disc disease. He asserted claims based on failure to warn, design defects, and manufacturing defects.

The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which addresses failure to state a legally sufficient claim, and Rule 12(b)(2), which addresses lack of personal jurisdiction. District Judge Analisa Torres referred the motion to Magistrate Judge Ona T. Wang for a report and recommendation.

Report and Recommendation

Judge Wang recommended that the motion be granted under Rule 12(b)(6) for failure to state a claim. She also recommended giving Sheinfeld an opportunity to move to amend his complaint. No objections were filed, so Judge Torres reviewed the recommendation for clear error.

Ruling

The court found no clear error and adopted Judge Wang’s report and recommendation in its entirety. The court therefore granted the defendants’ motion to dismiss for failure to state a claim. The opinion does not state a separate ruling on the Rule 12(b)(2) personal-jurisdiction ground.

The court allowed Sheinfeld until March 19, 2024, to request permission to amend. The court identified facts that a proposed amendment would need to allege: that the specific device implanted in his spine was defective because of a manufacturing mishap, improper workmanship, or defective construction materials, and that the defect caused his injury. The Clerk of Court was directed to terminate the motion and mail Sheinfeld the report and recommendation and the order.