Breach of Warranty, Strict Liability Claims Time-Barred, Ga. Federal Judge Rules in Mentor ObTape Case

COLUMBUS, Ga. — Breach of warranty and strict liability claims brought against Mentor Corp. in an ObTape Transobturator Tape action are time-barred under Minnesota law, a Georgia federal judge has ruled.

In an Oct. 15 order, Chief Judge Clay D. Land of the U.S. District Court for the Middle District of Georgia found the alleged breach of warranty accrued in 2004 when the device was implanted, and the plaintiff was aware of a connection between her alleged injuries and the device by 2008.

In October 2004, North Carolina resident Melanie Cole was implanted with Mentor’s ObTape Transobturator Tape, a mesh …