DECISION AND ORDER I. Introduction This is a removed diversity action wherein Plaintiff Leslie Greenwood alleges product liability against Defendant Arthrex, Inc. (“Arthrex”), a medical device manufacturer. Arthrex produced the “Arthrex Burr,” a medical device that purportedly burned Plaintiff during her October 2018 surgery. Plaintiff amended her Complaint multiple times (Docket Nos. 13, 46, 49) following Motions to Dismiss or for Judgment on the Pleadings by Defendants (Docket Nos. 18, 20, 37), see Greenwood v. Arthrex, Inc., No. 21CV1101, 2022 WL 2117763 (W.D.N.Y. June 13, 2022) (Skretny, J.) (Docket No. 31) (“Greenwood June 2022 Decision”); Greenwood v. Arthrex, Inc., No. 21CV1101, 2023 WL 2457070 (W.D.N.Y. Mar. 10, 2023) (Skretny, J.) (Docket No. 48) (“Greenwood March 2023 Decision”), and her Cross-Motion for Leave to Amend the Complaint (Docket No. 41). Familiarity with these prior Decisions is presumed. Presently is her Fourth Amended Complaint (Docket No. 49). In response, Arthrex moved to dismiss (Docket No. 511), with prejudice. For the reasons stated below, Arthrex’s Motion (Docket No. 51) is granted. II. Background A. Procedural History Leslie Greenwood originally sued Arthrex in New York State Supreme Court (Docket No. 1, Notice of Removal 2, Ex. A, Tab 1) and Arthrex answered (id., Ex. A, Tab 3). Greenwood then amended that Complaint adding Defendants Precision Edge Surgical Products Company (“Precision Edge”) and TE Connectivity Corporation (“TE”) (id. 5, Ex. A, Tab 7). Precision Edge removed this case to this Court (id. 9, Exs. B, C), TE and Precision Edge then moved to dismiss the Amended Complaint (Docket Nos. 6, 7) but that Motion was dismissed as moot after Greenwood filed her Second Amended Complaint (Docket No. 17; see 2d Am. Compl., Docket No. 13). Meanwhile, Arthrex answered the Second Amended Complaint (Docket No. 19). TE (Docket No. 18) and Precision Edge (Docket No. 20) then moved to dismiss the Second Amended Complaint. On June 13, 2022, this Court granted their Motions, Greenwood June 2022 Decision, supra, 2022 WL 2117763 (Docket No. 31), dismissing with prejudice Greenwood’s strict product liability theories, negligence, and breach of warranties claims against TE, id. at *9-13, 14, and against Precision Edge, id. at *6-9, 14. On July 8, 2022, Arthrex moved for Judgment on the Pleadings (Docket No. 37). Greenwood cross-moved for leave to amend her Second Amended Complaint (Docket No. 41). On January 3, 2023, this Court deferred ruling on Arthrex’s Motion, granted leave to amend (Docket No. 45), and on January 9, 2023, Greenwood filed her Third Amended Complaint (Docket No. 46). The Third Amended Complaint removed allegations against TE and Precision Edge and alleged four modified Causes of Action against Arthrex for negligence, strict products liability, breach of warranties, and failure to warn (see generally id.). On March 10, 2023, this Court granted in part Arthrex’s Motion for Judgment on the Pleadings in that Third Amended Complaint, dismissing with prejudice Greenwood’s Third Cause of Action but not dismissing the other causes of action while granting Greenwood leave yet again to amend the Complaint, Greenwood March 2023 Decision, supra, 2023 WL 2457070, at *11-12. There, this Court concluded that Greenwood needed to amend her defective manufacturing and breach of a duty to warn claims, while finding that her defective design claim did not require amendment, id. at *6-7, 10-11. B. Fourth Amended Complaint (Docket No. 49) As previously discussed, id. at *2, Greenwood was injured during a surgical procedure on or about October 25, 2018, from the use of an Arthrex Burr device resulting in permanent and serious injuries to her (Docket No. 49, 4th Am. Compl.
10-11). Greenwood’s doctor later told her that there had been a “mechanical malfunction of the Arthrex surgical instrument identified by the manufacturer that resulted in a significant heating of the shaft of the burr that was most likely the cause of the anterior thermal on her shoulder” (id. 12). As previously amended, the First Cause of Action alleges Arthrex’s negligence in manufacturing and distributing the Arthrex Burr device (id.
