Ethicon Denied Summary Judgment on Design Defect, Negligence Claims in TVT-Secur Mesh Action

CHARLESTON, W. Va. — The judge overseeing the Ethicon transvaginal mesh multidistrict litigation has allowed a design defect claim to proceed in a TVT-Secur action, ruling that the plaintiff produced evidence of a purported safer alternative design.

In an Oct. 4 order, Judge Joseph Goodwin of the U.S. District Court for the Southern District of West Virginia also denied Ethicon’s motion for summary judgment on the plaintiff’s negligence claims, noting that she proffered evidence that Ethicon knew the TVTS had a high failure rate, but did not share that information in the Instructions For Use.

Texas resident Cheryl Lankston …