A bid by Dentsply to toss a putative class action lawsuit accusing it of selling defective Cavitron ultrasonic teeth-cleaning tools is denied by a federal judge.
Dentsply International (NSDQ:XRAY) can't escape a putative class action lawsuit accusing it of selling defective Cavitron ultrasonic teeth-cleaning tools, a federal judge in Pennsylvania ruled last week.
The lawsuit, filed in the U.S. District Court for Eastern Pennsylvania, alleges that the dental device company failed to inform its customers that the Cavitron system required an aseptic water source to prevent the growth of biofilm within the device.
"Beginning with the 2006 Cavitron models, Dentsply changed its instructions for the Cavitron, stating that Cavitrons should not be used where asepsis (the state of being free of pathogenic microorganisms) is required. recommended, but did not require, the use of a bleach, sodium hypochlorite, in flushing the system periodically, which could only be accomplished by the purchase and use of additional equipment from Dentsply or another manufacturer," according to court documents. "Dentsply did not, however, change its instructions or warnings to state that Cavitrons should not be connected to a public water system, and did not provide any warnings concerning the dangers of biofilm formation, its accumulation within the Cavitron's internal and concealed waterlines, and the contamination of dental treatment water from bacterial pathogens in the biofilm."