Negligent Failure to Warn, Negligent Misrepresentation Claims to Proceed in Pa. Hernia Mesh Repair Action

PITTSBURGH — A Pennsylvania federal judge has allowed claims of negligent failure to warn and negligent misrepresentation to proceed against the maker of a polypropylene mesh hernia repair device, ruling that the plaintiff adequately pled that the defendant manufacturers failed to warn her physicians of the device’s risks and misrepresented it as safe and effective.

However, in the June 8 order, Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania dismissed the plaintiff’s claims of strict liability and breach of warranty, ruling that they are barred by comment k of Restatement (Second) of Torts, which …