Negligent Manufacturing, Failure-To-Warn Claims to Proceed Against C.R. Bard in Mesh Case

PHILADELPHIA — A Pennsylvania federal judge has allowed claims of negligent manufacturing and failure to warn to stand against C.R. Bard in connection with its Marlex hernia mesh, finding that at this stage in the case, they are sufficiently pled and are not barred by the learned intermediary doctrine.

However, in the July 30 order, Judge Joel H. Slomsky of the U.S. District Court for the Eastern District of Pennsylvania dismissed the plaintiff’s claims of strict liability (manufacturing defect) and breach of implied warranty, finding they are barred under Pennsylvania law.

In 1996, Gayle Terrell underwent surgery to repair …