A judge’s impromptu decision to allow mid-trial changes to jury composition came under scrutiny in a divided opinion from the Florida’s Fourth District Court of Appeal, which denied a new trial against medical device manufacturer Stryker Corp., and could create a ripple effect on products liability jury instructions.

William Cavanaugh’s family sued after he died during lung-removal surgery, claiming medical professionals misused a defective suction device meant for removing blood and surgical waste fluids.