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University dismissal from lawsuit could draw appeal

A lawyer representing patients suing over a surgery performed by University of Missouri Health Care said Monday that he plans to appeal a judge’s decision dismissing the university from the lawsuit.

Last month Judge Brouck Jacobs dismissed the university from a lawsuit over its BioJoint knee surgery, which uses tissue from human donors to treat certain knee ailments. The university was accused of using deceptive marketing practices in violation of the state’s Merchandising Practices Act.

Jacobs in his order dismissed the single count that named the university. However, other counts against a doctor and veterinary researcher who developed the procedure remain.

The legal team representing the patients filed a motion asking Jacobs to reconsider his order.

The university’s legal team in its motion for dismissal cited the university’s status as a state institution, claiming immunity. Todd Hendrickson, a suburban St. Louis lawyer working for the plaintiffs in the case, said the dismissal was based solely on the university’s sovereign immunity claim.

He said the claims against the other parties in the suit continue. The plaintiffs plan to appeal Jacobs’ decision, Hendrickson said.

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