STORY FROM: Drugs & Medical Devices

Mentor Denied Summary Judgment on Fraudulent Concealment, Misrepresentation Claims in ObTape Action

COLUMBUS, Ga. — A Georgia federal judge has denied Mentor Worldwide LLC’s motion for summary judgment on claims of fraudulent concealment and fraudulent misrepresentation on the basis of evidence that the plaintiff’s implanting physician would not have implanted the device had he known of its risks.

In a Feb. 25 order, Judge Clay D. Land of the U.S. District Court for the Middle District of Georgia rejected Mentor’s argument that it had no duty to disclose the device’s risks to doctors.

Tennessee resident Betty W. Hale underwent implantation of the ObTape Transobturator Tape on March 21, 2005 to treat her ...

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Aylstock Witkin Kreis & Overholtz
Tucker Ellis

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