STORY FROM: Drugs & Medical Devices

Judge Allows Warning, Fraudulent Concealment Claims to Stand in Calif. Kugel Hernia Patch Action

LOS ANGELES — A California federal judge has allowed claims of failure to warn, breach of express warranty, and fraudulent concealment claims to proceed in a Kugel hernia mesh patch action, ruling that the plaintiff has sufficiently alleged that had his prescribing doctor been adequately warned of the risks, he would not have implanted the patch.

In a Nov. 6 order, Judge Gonzalo P. Curiel of the U.S. District Court for the Southern District of California also refused to dismiss the punitive damages claim, finding the plaintiff adequately alleged the defendants acted intentionally and with malice.

On Dec. 15, 2005, ...

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