STORY FROM: Drugs & Medical Devices

Fraudulent Concealment Claims Survive Mentor’s Motion for Summary Judgment in ObTape MDL Actions

COLUMBUS, Ga. — The judge overseeing the federal docket for Mentor ObTape transvaginal mesh cases has allowed claims of fraudulent concealment to proceed against Mentor Worldwide LLC in two actions, ruling that the plaintiffs have presented sufficient evidence that the manufacturer provided inadequate warnings to their implanting doctors.

However, in the Feb. 29 order, Chief Judge Clay D. Land of the U.S. District Court for the Middle District of Georgia dismissed the plaintiffs’ claims of breach of express warranty and continuing duty to warn claim.

On Dec. 2, 2004, Missouri resident Andrea Clinton underwent implantation of Mentor’s ObTape Transobturator Tape ...

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Aylstock Witkin Kreis & Overholtz
Tucker Ellis

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